Is this theft?

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    #16
    Spend your time and energy learning how to find and appoint a decent agent, then do a course on how to be a landlord. It would be a better use of your time.

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      #17
      Originally posted by Byrdewear View Post
      isn’t this against the law of Agency where the agent is making secret profit without the knowledge of the principal?
      While you're probably right in principle about the breach of the law of agency, there's no practical way to do anything about it.
      The cost of engaging legal assistance prepared to deal with an agency case is disproportionate to the wrong.

      And, as the fee should probably have been returned to the tenant less the agents costs, them passing it on to you involves you in the agents (probably illegal) activity.

      You can't, on the one hand, accuse the agent of wrongly managing the holding fee and, simultaneously, demand that they to pass it to you.
      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).

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        #18
        Hi JP,
        The tenants don’t deserve to get it back because of providing false and misleading info and their intention to let was proven with evidence so they haven’t pursued the deposit. Even TFA2019 allows the retention of holding deposit in the event of tenant providing false/ misleading info. Here the deposit was received prior to June 2019 but I guess same principle applies?

        What will happen if I pursue the small claims route to teach a lesson to the agent? Or should I pursue through the Trading Standards?
        Thanks

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          #19
          Maybe I’m struggling to come to terms with the fact that I’ve been fleeced by a rogue agent and those tenants who caused us havoc walked away with very little penalty.
          Before someone jumps in to say about this being part and parcel of being a landlord, this happened just before we migrated abroad and caused an enormous strain when our priorities were elsewhere. Besides, I’ve always been a law-abiding citizen and of the view that fraudsters and rogues have no place in the society.

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            #20
            Originally posted by Byrdewear View Post
            The tenants don’t deserve to get it back because of providing false and misleading info and their intention to let was proven with evidence so they haven’t pursued the deposit. Even TFA2019 allows the retention of holding deposit in the event of tenant providing false/ misleading info.
            In that situation, the agent has to have given the prospective tenant formal notification in writing explaining why the deposit is being retained.

            Your action to get the fee paid over to you would depend on the terms of your agreement with the agent, so the small claims route is probably the simplest way of getting some kind of resolution.
            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).

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              #21
              JP- I agree; the agent should have written to the tenants to explain why the deposit has been retained. The agent initially told me verbally that they were in dispute with the tenants but now (after being sacked) maintaining that the tenant has not chased the money which is ludicrous. They are refusing to let me have a copy of their agreement with the tenant.

              Their contract with me states that the holding deposit is there to cover the administrative expenses of the agent in the event of the tenant failing reference checks but does NOT cover the scenario of tenants providing false/ misleading info.

              Thanks

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                #22
                Sorry but it is being a landlord stuff. Under the terms you post in 21 it is unlikely you would have any contractual right to the deposit. Pick your battles . . . some just aren't worth the aggro and expenditure of energy.

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