UK Landlord Forum / Life

Morning,

Wondering if anyone has been in this situation please...probably most likely!

Had a tenant who stopped paying to the point of over 3months in arrears. The property is managed by a letting agent.
The letting agent served a section 8 and the tenant agreed to move out
Everything was quite amicable, I was still in (text) conversation with the tenant once they had left as I had a few questions about the property etc
I've now asked for the security deposit to be released to me to cover the missing rent (rent was approx £1200 in arrears, deposit was only £380)
The letting agent are advising the funds can only be released with written confirmation from the tenant
(I've also paid £250 to pay for a house clearance of the property as the tenant literally packed a bag and left everything behind).

What if the tenant doesn't provide written confirmation!?

Would anyone know what (legal) process I need to go through to obtain these funds please. I think the letting agent is concerned the tenant could contact them at some time in the future and request the securoty deposit.

Many Thanks

Is it protected with an insurance or custodial scheme?

Hi KTC,

It's in a Custodial scheme (I purchased the property already with the tenant in situ) so would need to dig out the paperwork to be absolutely sure, but I'm confident it is based on how the letting agent is 'managing' the siuation.

I have also text the tenant to ask them to drop an email to the agent to confirm the funds can be released, you never know. However just wanted to have this conversation so I know where I stand.

Thanks

Tony

Quote from: Sconhead on July 29, 2019, 01:34:28 PM
I have also text the tenant to ask them to drop an email to the agent to confirm the funds can be released, you never know.

That won't help. The DPS' account holder, i.e. the agent, need to request the deposit from DPS. They will then release the money if the tenant agrees to it. If not, either you'll end up in arbitration if the tenant agrees, or you have to sue for it through court before DPS will release it accordingly.

Ok thanks for the info KTC, I think I'll sit tight for now to see how this plays out, I just wanted to know what my options were/are.

Unfortunately I'll have to leave it in the hands of the agent for now - who have been pretty much abysmal throughout ALL my dealings with them - and see what they can do for me.

Thanks again for your responses