Can a tenants deposit be used to pay for outstanding rent?

[Cocoabean]

Our tenant has just moved out without paying the last months rent. I understood we would simply use the deposit to cover the rent in arrears and return the remainder to them.

Our agent states we cannot do this.

The agent won’t send a copy of the tenancy agreement or the emails asking the tenant to leave. The tenant has not sent a forwarding address.

Can I assume the agent is responsible for the outstanding rent and if so how can I take this forward with them?

[echat11]

Here's some info from Shelter - https://england.shelter.org.uk/housi...enancy_deposit

[islandgirl]

Where is the deposit held? As I understand it if your AST allows it you can do so. Also the agent works for YOU. You are in charge! Insist on copies of the AST and all notices. Why would the agent pay the outstanding rent?

[Cocoabean]

If the agent holds the deposit then presumably they are responsible for where it goes. I don’t think it is with a deposit protection scheme.
Are there any templates I can use to send to the agent as they now aren’t responding to requests for tenancy agreement, notices etc?

[islandgirl]

If the deposit is not in a scheme and not insured you have much bigger things to worry about! Is the agent a member of any professional body?