UK Landlord Forum / Life

 
I am trying to terminate the contract with my letting agent as he has been very unprofessional, we've had issues from the start of the tenancy.  I have asked him to send me or my tenant, who we wish to keep, the registration number for my tenants large deposit.  I have since discovered he had not registered the deposit with the DPS which he clearly states he has in the contract, nor is it 'insured' with them.  He did actually 'open' an account under my address the day AFTER i requested the number but there is no money in that account and it is not 'insured' either.

I was going to go via the small claims court but as the landlord I'm unable to do so, as I understand it.   His office is no longer at the address


I'm just looking for advise of what to do next please. 

Thank you

You should register with the DPS and then ask them for advice.

Also, prepare for having to pay upto 3x deposit (plus the balance of the deposit) to your tenant, as you failed to lodge the deposit, despite having an agent it is still your reposnsibility.

Thanks for your reply Martha.  I have opened a landlords account with DPS.   I know I am responsible for the deposit even if the landlord has 'spent' it. 
Id really like to know what I can do now.  The DPS dont seem to be able to help unfortunately

we want our tenant to stay and they are happy to stay, we just want rid of the letting agent and her deposit back

What do you mean "His office is no longer at the address"? Have they done a runner? Was it a company or an individual? Are you still in contact?

Hi, the office has closed in as much as they are no longer 'in the building' and I am still in contact so assume he and another person are working from home maybe.   The letting agent still has rentals so no, they haven't done a runner...yet
However, we are concerned they are about to go out of business.  They have not been good from the start, yes they got us an excellent tenant but are never available when called either from us or the tenant, they never reply to emails or texts until I constantly bombard them, literally call every 15 minutes for days on end.  They deny receiving emails despite me having delivery reports and read receipts, took ages to let utility companies and council know we were no longer living at property and give tenants details, lied several times to me and to tenant about three monthly check, tried to contact tenant 13 times using an old email address, (didnt bother to try phoning) forwarded on the rent late on several occasions.  Ignore my repeated requests for the check-in inventory, deposit reference etc. 
We are first time landlords so this has been very stressful and we are abroad so cant get to them (I know where the 'owner' lives)

We just really need to know how to get our tenants deposit back from them?   Where do we stand legally?
Thank you for any advice you can offer