How do I claim the tenant's deposit?

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    #16
    Originally posted by Lawcruncher View Post
    What is missing from the Painsmith blog is emphasis on the fact that when an agent accepts a deposit as stakeholder he takes on obligations. Those obligations, subject to agreement to the contrary, effectively put the agent in a quasi-judicial or fiduciary capacity. The best way to put it, though it may seem an odd way of putting it, is to say that the stakeholder's obligation is to the deposit - that is his duty is to ensure that the deposit goes where it ought to go. The agent cannot simply sit back and wait either for the tenant's authority to release the deposit or the decision of the court in an action between landlord and tenant. Whilst in practice he may be entitled to await the outcome of discussions between landlord and tenant, once either makes a demand he must either (a) apply to the court for directions or (b) look into the matter and, using his skill and judgement, decide how to apply the deposit. If the case is clear cut, he runs the risk of costs going against him if it gets to court. Agents accepting deposits need to realise that they take on a potentially onerous obligation.
    Lawcruncher - just out of interest, from where do these duties derive - Housing Act 2004 and subordinate legislation?

    It is very useful to know, thank you.

    AmandaB may also be able to add the agency as a defendant based on breach of duty, from what you are saying! Her loss being loss of interest on the amount which should have bene paid to her much sooner....

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      #17
      This is not really 'missing' from the Painsmith blog, though perhaps not emphasised.

      Originally posted by dominic View Post
      Lawcruncher - just out of interest, from where do these duties derive - Housing Act 2004 and subordinate legislation?
      The Painsmith blog is based a case law, which they quote, and which pre-dates the Housing Act 2004.

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        #18
        A lot of this is going over my head at the moment I'm afraid, but all this info is fantastic and helping my journey up a very steep learning curve!

        Interesting suggestion to add the agency as a defendant to the claim. I have thought about it, but as I am already meeting this company at the LVT later this month (another property, section 20 dispute), I thought it was a bit of a knee-jerk reaction! At the same time, I want to wash my hands of them completely, as the very mention of their name now makes me weep with frustration.

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