Solicitor Not Collecting Deposits

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    Solicitor Not Collecting Deposits

    We've just found out that our solicitor did not collect the deposit for the last tenant !

    The tenant lost his deposit due to damage to the property and failing to return the keys, so we had to change the locks.

    When we asked the solicitor for the deposit from the Scheme it's supposed to be lodged with, they told me they hadn't collected it and he'd paid me direct ! HE DID NOT !

    We directed them to their own landlords pack which states THEY ( the solicitor ) will collect the deposit when the new tenant signs the lease and gets the keys !
    They have done this for ALL other tenants !

    What can I do ? Any advice ? First time in 8 years we've had problems.

    Donns

    #2
    We directed them to their own landlords pack which states THEY ( the solicitor ) will collect the deposit when the new tenant signs the lease and gets the keys !
    Doesn''t seem to state they protect it & serve PI, just says "collect"? Do you have further clauses?

    If tenant paid then solicitor passes deposit to you you have the deposit. That you nor solicitor protected it is your problem, you are liable to be sued for up to 3xdeposit. In circumstances I'd return deposit then pray tenant doesn't sue in the 6 years he is able to.

    If you suffer losses caused by solicitor failing to follow contract (unclear on what you posted..) you may have a case to sue for losses over negligence.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      That's it though, the tenant did NOT pay the deposit to the Solicitor ! Nor me !

      The Solicitor state that they will collect the deposit and they will lodge it with the LDP.

      The Solicitor never collected a deposit from the tenant ?!

      Yes I am out of pocket by around £300 !

      Comment


        #4
        The solicitor has broken a term of their contract with you (from the sound of things) and you have suffered a loss as a consequence.
        I'd ask the solicitor to compensate you for your loss.

        In real life, good luck getting compensation from a legal practitioner!

        I am not sure what you are doing using a solicitor as an agent, but that's probably another story.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Apologies, my bad.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Have a chat with the senior partner. Mention negligence. They won't be happy paying compensation but i'm sure you could negotiate a £300 reduction from their next bill.

            Comment

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