Estate Agent and a deposit

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    Estate Agent and a deposit

    My former tenants moved out over 3 months ago leaving over £2000 worth of damage and arrears
    The tenants cannot now raise a despite with my deposits who now say it is nothing to do with them
    The estate agents will not release the deposit without the consent of the tenants, who do not reply etc... or a court order, yet the landlord is always responsible for the deposit. Has anyone come across this before?
    Is my only option a court order which is probably throwing good money after bad. Any input would be appreciated

    #2
    I'm assuming it was an insurance based protection and the deposit scheme have confirmed the deposit can be released?

    If so then the agency have no business in holding it.

    I would send them a letter before action with paperwork from the deposit scheme confirming it's release.

    It Is now your money and I have no idea why the agency think they hold any responsibility to the tenant or have any business in retaining it.

    Even if the tenant later lays claim to it, then the action the tenant would take would be against you and not the agency. I fail to see their logic

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      #3
      It's fairly common for tenants to disappear.
      Ask the agent what their normal process is in that case.
      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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        #4
        I'm confused as to why the agency have held the deposit anyway? If it were custodial it would be In a scheme and if insurance based I would have obtained the funds from them at the beginning of the tenancy?

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          #5
          Lesson 1: Never ever permit an agent to protect the deposit. If you use an agent at all it should be a clear condition specified in your contract with them that you personally protect the deposit in your own name. If they decline, find another agent.

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