Landlady claims we are in breach of contract re: deposit

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    Landlady claims we are in breach of contract re: deposit

    Hello, we are tenants of an AST between our LL c/o a Lettings agency and ourselves.

    We paid at the start of the tenancy 1 1/2 months rent deposit to the Lettings agency, for which we received a receipt. Our contact states the

    deposit is paid by the tenant to the agent and that the deposit is held by the Agent as Stakeholder. After paying the deposit we were meant to

    receive formal notice of the deposit being paid into the Tenancy Deposit Scheme. We never received this.

    3 months into the tenancy we received formal notification from the LL that she was no longer employing the lettings agent to manage the

    property due to negligence and incompetence (a feeling we shared) and to pay the rent direct to her. She said that she had instructed the

    agent to place the deposit into her name with the Tenancy Deposit Scheme.

    We received an email from the lettings agent asking for our permission to release the deposit. We gave them permission to transfer the deposit

    into the Landladys new TDS account.

    This was over 3 months ago and the deposit has still not been return by the Lettings agency. There have been many promises to the LL of sent

    cheques none of which have been recieved by the LL.

    We received an email from the LL saying we are in breach of the tenancy agreement as the deposit is not in her account. I replied saying we

    did not agree with that, however due to her geographical location (hundreds of miles away) that we were happy to pay a visit to the agents to

    collect the deposit and then pay it into her TDS account ourselves. We arranged to do this with the agents, but the agency owner was not there

    at the appointment time and could not be contacted.

    So the question is simply - how do we stand legally regarding the deposit?

    Not your problem, you paid the deposit to the agent who was acting on behalf of the landlady & with the landladys permission. If the deposit is not in a scheme, that's the landladys problem - in fact, IF you wanted to, you could take HER to court for non-protection.

    Landlady needs to sort it out with the (ex)agents - when the time comes for you to leave, you will claim the deposit from her, even if she hasn't got it from the agent.


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