14:21 PM, 21st May 2014, About 10 years ago 14
My previous tenant vacated the property leaving £787 in rent arrears. The secure deposit which the letting agent lodged in their own name is for £625. The agent has identified £193 worth of repairs that need carrying out as a result of damage by the tenant.
Whilst the tenant has agreed to the £625 deposit being used to reduce the arrears, they have not as yet agreed to the £193 repair costs.
The letting agent has informed me that they can only refund £432 (625-193) as they have to retain the repair costs. I would have been happier to receive all the deposit back, especially as the tenant has already agreed to this and then carry out the repairs myself.
Now the agent is saying they will be deducting their 10% commission from the £432 refunded. Surely as the commission is payable on rent collected this should not be the case. On 2 previous occasions were I have had tenants leave in arrears the letting agents on those occasions returned the value of the arrears from the deposit in full without deducting commission.
Does anyone know the legality of this?