Help/advice needed from landlords or estate agent

[HighlyMotivated]

Hope it's alright to ask this here.

So I had a tenant who left the country at the end of his tenancy. He did not pay final month's rent so I assumed I'd receive the deposit from the agent. Well, apparently not. Agent is advising me to go through small claims as the people who hold the sum at MyDeposit "do not favour late rental payments."

Is my agent taking the piss? Surely there's no scenario in which the tenant gets his deposit back, seeing as he hasn't paid final month of rent. So where does the money go, if not to me, the landlord? Sits in abeyance forever?

If anyone can offer any guidance, it would be much appreciated!

[RedKettle]

Hope it's alright to ask this here.

So I had a tenant who left the country at the end of his tenancy. He did not pay final month's rent so I assumed I'd receive the deposit from the agent. Well, apparently not. Agent is advising me to go through small claims as the people who hold the sum at MyDeposit "do not favour late rental payments."

Is my agent taking the piss? Surely there's no scenario in which the tenant gets his deposit back, seeing as he hasn't paid final month of rent. So where does the money go, if not to me, the landlord? Sits in abeyance forever?

If anyone can offer any guidance, it would be much appreciated!

That is not my understanding and I have certainly had the deposit paid because of unpaid rent.

You can contact the deposit holder yourself to check - perhaps see if the scheme being used has a website which might answer the question.

I suspect as well that you have forgotten to tell the agent about the damage to the property?  That is covered by the deposit.

[Stevelondon]

Red Kettle is correct. It is the whole point of the deposit scheme.
Agent sounds like a twat.

[HighlyMotivated]

Thanks for the replies.

Re damage to property I live abroad so that's also the agent's responsibility (he says all good). Your responses have given me confidence for our next chat. Much appreciated.

[RedKettle]

Thanks for the replies.

Re damage to property I live abroad so that's also the agent's responsibility (he says all good). Your responses have given me confidence for our next chat. Much appreciated.

I have never known an agent give a clean report on a departing tenant! Usually I think they are being too fussy and I just waive it. I think you need a better agent.

[HighlyMotivated]

I have never known an agent give a clean report on a departing tenant! Usually I think they are being too fussy and I just waive it. I think you need a better agent.

I think so too. Thanks again

[RedKettle]

There is detail on the Gov website about tenancy deposits - suggest you read.  It says:

They make sure you’ll get your deposit back if you:
meet the terms of your tenancy agreement
don’t damage the property
pay your rent and bills

[radioman33]

You can use The Property Redress Scheme.The PRS,they are an independent body.

[Smithchrissmith]

You can make a claim for the unpaid rent but it isn’t straightforward getting the money... I think the tenant needs to agree to it. If they don’t agree / don’t respond the you need to raise a second request and it drags.

Worth pursuing if it’s a few pints worth of cash and hope you get the money.

[LLPunting]

Which scheme did your agent place the deposit with?

There are only a few certified ones, all of which will have websites with details about how the money is handled.

If the agent hasn't placed it with an accredited scheme then there's all kinds of liability on the agent, not least a cash exposure back to the tenant of multiples of the deposit.  You'll need to check what their liability is to you.  Try Googling "estate agents uk ombudsman", there's a load of formal links that should set you right.

[Smithchrissmith]

I think the responsibility will lie with the landlord, not the agent.

[RedKettle]

You can make a claim for the unpaid rent but it isn’t straightforward getting the money... I think the tenant needs to agree to it. If they don’t agree / don’t respond the you need to raise a second request and it drags.

Worth pursuing if it’s a few pints worth of cash and hope you get the money.

The tenant has left the U.K. so collection action unlikely to be successful