Rent paid in advance but agent ceased trading

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  • Rent paid in advance but agent ceased trading

    Hello
    I rented a house via an agent. I had paid the deposit in cash ( equal to 1 month rent) and first month rent in advance (bank transfer to the agent's account) at the outset.
    Second month onward I have been paying the rent direct to owner by direct debit.
    Now the agent has closed down. A new agent has ? taken over. However the new one tells he does not hold any funds of previous agent.
    Now it is time for me to leave the house. Who is responsible for paying my deposit back to me? Is it agent or owner?
    What if the owner tells me that the agent never gave him neither the deposit nor the first month rent?

    Any help is much appreciated
    Regards

  • #2
    The landlord is responsible.

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    • #3
      Do not accept any excuses from your landlord. The deposit was collected by the (now defunct) agent on his behalf. The landlord had a contract with the agent for this purpose. You, on the other hand, only have a contract with the landlord. If he refuses to refund your deposit because of the agent, it is the landlord you take to the small claims court! He can then try to sue his agent, but it is his problem. He MUST refund your deposit even if he has not received this from the agent.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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