Possesion order and deposit mess up

[Hambo]

Hi,

I have just discovered the letting agent has potentially accidentally not lodged the deposit correctly, I was filling the N5B now that the S21 noticed has expired and kept asking said agent for the TDS information, they have now admitted they made a mistake whereby although they send the money to the DPS they never received a confirmation and are trying to get it sorted but they are hitting a brick wall trying to even get someone senior to entertain there side of the story so im assuming the worst.

What steps would I now need to follow to get the tenants evicted, ive made it clear to the agent that they should be instructing a good solicitor at there expense whihc I hope they will given there mess should be the least they can offer.

Thanks

Mark

[theartfullodger]

Return deposit in full to tenants TODAY. Current s21 will always be invalid. Tenants may sue you for up to 3xdeposit.

Serve fresh s21 tomorrow, start again.

[Hambo]

Wow thanks for the reply.. if you may expand on that do we return deposit and just proceed with out a deposit in place? the possession N5B form requires this so we need to proceed along a different possesion route now?

[ash72]

Get something in writing from the agent that they are at fault and it's their mistake, that way you can claim anything the tenant tries to get from you.

[KTC]

Wow thanks for the reply.. if you may expand on that do we return deposit and just proceed with out a deposit in place? the possession N5B form requires this so we need to proceed along a different possesion route now?

N5B asks if the deposit has been returned. Do what you were advised to above, return the deposit and serve a new s21.