Deposit - Who Must Pay the Tenant Back?

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    Deposit - Who Must Pay the Tenant Back?

    Dear everybody,

    I was in an AST contract and moved out last week.

    Since then, I've not been able to get my deposit back, since the agency keeps saying that the landlord is the one to pay the deposit back, and I'm unable to contact the landlord.

    The deposit was payed to the agency, and not the landlord.

    My question is: since the deposit was payed to the agency, is it the agency to pay the deposit back, or can it be either the landlord or the agency. Is there any legal evidence for who should pay it back?

    PS: I haven't mentioned DPS yet as I'm trying to get this sorted quickly and without too much hassle. It's my understanding, having now left and done some research, that my deposit was not protected. So if need be, I'll use the DPS argument in my favor, but I'd like to solve this problem without it, if possible. So, for you answers, feedback and comments, please don't mention ideas with the DPS as I'm trying to sort it without going to it (but will if this doesn't get sorted soon).

    Many thanks!

    #2
    Follow Shelter guidance here, write to landlord & agent, point out you can sue either. Keep copies. There must be an address for landlord on tenancy (probably c/o agent) - write to him there. That he doesn't get letter is his problem.
    http://england.shelter.org.uk/housin...y_deposit_back

    However, if you have £3 to spare see what the deeds give for name & address of owner here...
    https://www.gov.uk/search-property-i...-land-registry

    Both landlords and agents have ended up having to pay: Was deposit protected within 30 days of being paid?

    Go to DPS if you can't agree: That's what they are there for, use it, it was brought in to protect tenants from wicked landlords & agents.
    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
      If the deposit was protected, I never got the information about it, which I believe is the same legally, as if it was not protected, meaning that I'm entitled to the full amount of the deposit (and more if I am to bring action against them, for the judge to decide).

      What I mean is the landlord is being uncooperative. So I'm trying to get the agency to pay the deposit. I paid the deposit to the agency, so is it the agency who has to refund the deposit, or is it the landlord?

      Comment


        #4
        The landlord is the person responsible for your deposit even if paid to agent.
        Send a letter to them (both signed for and normal post) requesting payment within reasonable timeframe or you will exercise your right to apply to the county court for the monies owed including any compensation due to you under the tenancy deposit legislation.
        It is helpful to title this a letter before action and to send a copy to the agent too.
        If they don't reply within your allotted timeframe then go to MCOL and start proceedings.
        Serve at the address for service in the AST.

        Comment


          #5
          A tenant can sue either the landlord or the agent (or both) for the return of their deposit.
          It's the tenant's money and they attempt to recover it from whoever they (reasonably) think has possession of it.
          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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