UK Landlord Forum / Life

My letting agent went bust on 19/9/17. My tenants moved out on 22/9/17. I have a new tenant in there 25/9/17 who I am dealing with privately. I am having to return deposit to ex tenant as it wasn't lodged properly by agency 2 and a half years ago (£460).
I have no paperwork to say when ex-tenant gave notice (I have an email dated 29/8/17 from agent saying that they hadn't at that date). I don't know what rent was paid by ex tenant for final weeks of tenancy but I suspect they paid full month. The agent was due to pay rent across to me on 21/9/17 (she took it off tenants on 10/9/17 as usual.

I suspect that I may need to refund the ex-tenant some rent but I never actually received the month.
This has all been reported to police and basically 100 landlords have been shafted and she has disappeared and has no assets. Do I really have to pay a refund of rent as well as the deposit even though she has stolen from me? There is lots on the web about landlord being responsible for deposit/bons safety but nothing about rent owed by agent.
Thank you

Im afraid your loss with the agent is nothing to do with the tenant who should get their deposit back and if agreed the portion of the last months rent for the period they did not have the property.

It could be worse as the deposit 'wasn't lodged properly by agency' the ex-tenant can actually take you to court and seek damages for up to 3 times the deposit.  Hopefully the ex-tenant doesn't realise this in the next 6 years or wont be bothered to chase you for it.
I would suggest pay back the deposit and portion of rent and cause the ex-tenant as little hassle as possible.

At least you have now realised the better way to manage a property is by yourself (sorry for the cost the lesson though).

Best of luck.

Thank you. I have learnt my lesson and am doing it myself. I know its not the tenants fault that their rent went to the agency and wasn't paid to me but its not my fault either........! It seems to be there is absolutely no comeback if you use an agent so have chosen to go it alone this time. I have to think that over 7 years of renting this little house out it has been relatively stress free so this is just a blip. Learn from it, pay out and move on 

The agent and the landlord are one entity, the tenant is one entity.  Not the tenants fault as you say so can only be the other entities fault.  Pay the tenant and make a small claims claim on the agent, look up MCOL.