UK Landlord Forum / Life

Hi

My tenant has finally left property after few months of non payment and has deliberately damaged the house, slashed carpets, threw juice all over walls and ceilings etc.

I asked agent from my deposit back and when they paid it back they put it through as partial rent payments and took their percentage off it, can this be correct? Surely return of deposit is not same as rent payment?

I'm based in Scotland so not sure if rules change due to that either, can anyone advise?

Thanks

I have had exactly the same thing happen this week.The agent took their 10%.I don't know what the rules are in Scotland,but it seems standard practice in rest of U.K.Personally,I have no problem.They put quite a bit of effort into pursuing the rent arrears,with partial success,and quickly took steps to get the deposit returned.

What a horrible experience for you to have the place left in this state,what a scumbag.Have you got insurance that will cover the damage? I had a flat ruined with excrement,urine,beer,stuff smashed etc years ago  and only got partial insurance payout because he was at the time the legal occupier.I have not bothered with such cover again on the cheaper properties.

Always be wary of advice from a forum (especially my own)
Do your own research

Have a look at your agency agreement
It almost certainly says the agent will get a cut of the Rent
There is no way they should be taking a cut of the deposit - unless the deposit is taken in lieu of Rent rather than for damage other loss
The problem is by letting the agent control the deposit and take the rent you have given up control and therefore are exposed to the scalp of 10%.

Next time do not let the agent take rent on yr behalf Nor protect the deposit.

Best of luck