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Issue with the deposit

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Author Topic: Issue with the deposit  (Read 72 times)
Posts: 1

I like property

« on: February 07, 2021, 07:37:41 PM »

Hi, I was wondering if anyone could offer any advice.

I signed an agreement with a company to provide full management of my rental property.  Under the agreement they were supposed to collect the deposit and hold it in the DPS.  The agreement stated that any rent arrears could be deducted from the deposit at the end of the tenancy, subjecet to the tenant's consent.

The tenant started to accrue rent arrears last year, and the agents said the tenant would never pay back the arrears.  Luckily I came to a break clause in the tenancy agreement, and so gave the tenant notice.  In the run-up to the end of the tenancy, and since it ended, I've been requesting the managing agents to advise about the deposit and return the amount to cover my rent arrears.  It's now been nearly 3 months, and the managing agents aren't responding to any requests.

i believe that the managing agents didn't collect the deposit in the first place, hence why they are ignoring my calls to provide it to me.  They have offered no proof of having protected it, and there's no record at the DPS.

I understand that I'm not allowed to take a deposit with a tenant consenting, however if it was in a deposit protection scheme, wouldn't this allow me the right to dispute it being returned in full to the tenant?  If the agents haven't protected it, haven't they denied me the right to claim some of the deposit to cover the arrears? I know as the landlord it is my responsibility to hold the deposit, but I had an agreement with them to do so, and I have seen case law which states a managing agent can be regarding at the landlord.

If anyone has had a similar experience, or can offer any advice about what I could do, I'd be most grateful.  I had contemplated just leaving it, but the agents have behaved so unprofessional that out of principle i feel the need to try and do something.
Hero Member
Posts: 533

I like property

« Reply #1 on: February 08, 2021, 10:59:31 AM »

You need to find out whether there was a deposit and if so whether it was protected correctly for a number of reasons.

If it was an insurance scheme, then the dispute needed to be raised within a certain time, but then the money's at least with the agent in the mean time.

If there was a deposit that wasn't protected, you are liable for the penalty if the tenant sues. You can try and recover any penalty from your agent, but you need to know to at least prepare for that.

As to the agent, complaint in writing, then complaint to the redress scheme they're a member of at least.
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