Deposit - Who Must Pay the Tenant Back?

  • Filter
  • Time
  • Show
Clear All
new posts

    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!

    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.

    However, if you have £3 to spare see what the deeds give for name & address of owner here...

    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...


      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?


        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.


          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).


          Latest Activity


          • Am I allowed to rent my house to a family of three generations?
            I don't have HMO licenses and current tenant is leaving. The house is fairly big (4 bed) and I was approached by a lady saying that her dad and mom, her sister and daughter would like to rent it.

            I am bit confused on whether I am allowed to let to the lady and her family without...
            23-02-2018, 20:42 PM
          • Reply to Am I allowed to rent my house to a family of three generations?
            I'd suggest that a break glass box might be suitable in an office building, where people should be wide awake, and there will be emergency lighting, if needed, but are not safe for domestic building, where the most dangerous fires happen after lights out.

            Generally escape route doors in...
            24-02-2018, 09:48 AM
          • Irresponsible Landlord
            Little Swimmer
            Has anybody ever heard of a landlord not checking his bank account for 51/2 years and discovering that his tenant hasn't been paying the rent? Where does the guarantor stand?
            24-02-2018, 09:47 AM
          • Local Estate Agency
            Hello all
            I manage some properties and i'm well known in my local community
            My neighbours/ local residents have suggested i'd make a good agent - managing, letting and selling their properties
            I'm going to look into this idea as i have a passion for property and people in general...
            24-02-2018, 08:41 AM
          • Reply to Local Estate Agency
            The only requirement is that you have to belong to a government approved redress scheme. Apart from their fee, they only really require you to be of good character and have a documented complaints procedure.
            24-02-2018, 09:39 AM
          • Landlord routine inspection tick/checklist
            Going to start doing my own 3 month checks on the rented house I have.
            Any one use or got a checklist they use for the inspection so nothing gets missed off while chatting with the tenants?
            I need to go in and do the checks on everything but bound to forget some as first time meeting...
            23-02-2018, 17:49 PM
          • Reply to Landlord routine inspection tick/checklist
            Stef Cooke
            Every 3 months isn't seen as excessive - seems odd to me and I don't like doing them that often, but it is becoming more of the norm for some, it seems.

            There isn't rally a checklist, artful's list is a good one, that and I also check sealant, signs of black spot mould and guttering. That...
            24-02-2018, 09:19 AM
          • Problem with Inventory
            I had new tenants move in on 2 December. Shortly before (I think the morning of) I had an inventory clerk attend the property and prepare an inventory. He had actually prepared an inventory on the property at the time the previous tenants moved in back in 2015.

            On 11 December the clerk...
            22-02-2018, 14:19 PM
          • Reply to Problem with Inventory
            Stef Cooke
            Is that clerk a member of an Association? If so I, as a clerk, would not hesitate to raise a complaint about this! It really is not acceptable. It was incredible late in being sent to you, within 48 hours is the 'rule' and it's inaccuracies leave you at risk!

            mlsmith - there is probably...
            24-02-2018, 09:08 AM
          • Reply to Local Estate Agency
            My Mrs says I'm a comedian, I won't be taking the stage anytime soon though.

            No. That's the problem, literally anyone can setup and attempt to do it.

            Have you run a business before or even worked in an estate agents? Suggest you take a job in an Agency first...
            24-02-2018, 09:06 AM