After paying agent, I'm out-of-pocket

[nellenjo]

Further to my earlier posting I need some advice please quickly….

I called into the letting agent today now that my tenants have moved out to collect my spare set of keys to find they hadn’t got them – they were with the gardener who did some work last Wednesday – they said they’ll send them by recorded delivery asap.

We then discussed rent arrears and return of or reimbursement for my possessions taken by the tenant and, this is the thing which I need advice on, – the letting agent said that after all cleaning and gardening etc plus rent was deducted from the deposit I would probably owe them, the letting agent about £50 – he told me this by voicemail on my mobile, surely this isn’t right?? I am out of pocket for petrol, phonecalls, time and patience etc etc

[MrWoof]

Agents pay you out of rents received, no rent, no money for you or them. They will use the tenant's deposit to cover damages but if this is insufficient then it depends on your agreement with them. Most agents ask to be allowed to spend an agreed sum without reference to the landlord to cover repairs. If the deposit exceeds this then they can't go ahead and spend more without your permission. As for using the deposit to cover rent, only if this is in your tenancy agreement. If it is then I would argue that damages come first, rent second but the agent will argue the opposite as they make money from rental income. Try to reach mutual agreement with them, the alternative is court action and that's going to be a lot more expensive than writing of a month's rent. If you can't reach amicable agreement with the agent then say thanks for the keys and go elsewhere.