Agent has dissapeared, not returned tenents deposit, not registered it either

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    Agent has dissapeared, not returned tenents deposit, not registered it either

    So, I am a relatively new land lord and seem to have got involved with a dodgy agent.
    I paid for a fully managed service all seemed fine until 4 weeks after my tenents moved put they contacted me to say they hadn't had their deposit back and can't get hold of the agent. I also now can't get hold of them and also found out that this deposit money was never registered by the agent in any scheme.

    What is my legal position here? I have never received the deposit money and naively assumed it had been done by the agent.

    I'm not sure how to proceed. Am I legally responsible to return their money even though I never had it? Who should I report this too.

    Any advice is most welcome

    Thanks
    Last edited by Esdr1978; 29-05-2017, 15:14 PM. Reason: Spelling

    #2
    Strongly suggest you immediately return the deposit to the tenant, in full, and pray he doesn't sue you (yes, YOU!), as parliament has decreed, twice, he can for up to 3xdeposit for failing to have deposit protected.

    Suggest you start with letting agent redress scheme, but chances are he wasn't registered. See
    https://england.shelter.org.uk/housi...letting_agents

    PS (No offence) Tenant has only one "e"...

    Yeah, track him down & pursue him for however long it takes, at whatever cost it takes...
    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
      you have to try and find the agent.

      Is there proof a deposit was paid? If so you need to pay it back. You also need to sue the agent.

      Comment


        #4
        As above.

        Info.
        You are the landlord, but you subcontract your duties to an agent.
        You are still liable as the landlord to protect the deposit, and you handed that duty to the agent, to do on your behalf.
        You owe the tenant the deposit, but unfortunately, someone ran off with it.
        But you are still the landlord, which is why you MUST pay it back immediately, today, tomorrow, if it can't be got back via the agent.

        Suggest you say, yes I can't get hold of the agen't either, and I know you need te deposit, so here is a cheque returning your deposit, and I will chase the agents to give it back to me, which may take a long time, hence me including cheque with this letter.
        Yes write a letter with the cheque rather than just a bank transfer
        But if you must do a bank transfer, mark it as Deposit, and name of road.

        Comment


          #5
          It my be that Trading Standards may be interested in the Agent's details and behaviour.

          Comment


            #6
            If the agents have Scarpered, done a Bunk, gone bankrupt, ceased trading, then Trading Standards wont be much help.

            Esdr1978, have you been to their offices to confirm the office is empty / another firm is now in there.

            Comment


              #7
              Companies house has free information on directors etc.
              Were they a member of an agents association?
              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

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