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Bit of help with a deposit issue please


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Situation as I know so far:

Tenant moved into property in 2014 and contract stated the deposit was protected by 'Barclays Secure Client Account' - nothing more. rental was done through a lettings agency and rent was paid to them.

 

 

 

About 18 months later the tenant came home to a man waiting in his car outside the house who identified himself as their landlord - had ID and paperwork. Agency had vanished and he hadn't been paid rent for around four months. He accepted the tenant had paid. It all checked out and the tenant then paid rent direct to landlord. He never has got round to renewing contracts but tenants have continued to pay their rent and life seems to have bumped along, presumably on a periodic tenancy. He wanted to know how much deposit they'd paid as he'd not been sent any paperwork.

 

 

 

He's recently been in touch to say the agency has gone bankrupt and the tenant will have to contact 'them' to get their deposit back.

 

 

I have asked the tenant to go back and find out who 'them' is. They aren't quite sure if he means the agency or someone dealing with the bancruptcy.

 

 

So, on to the questions.

Is it really up to the tenant to recover their deposit from anyone but the landlord?

If it's all on the landlord must they do something about it sooner rather than later? They are happy living there and don't particularly want to sue their landlord but don't want to be told years down the line when they do go to leave that they should have done something sooner.

It appears the landlord has a number of properties in the area and they're run as rentals under a company name. Does this make any difference to what they should do/how their deposit should have been protected?

 

 

They don't want to fall out with the guy. He's been shafted and has been perfectly reasonable with them. They don't want to move and everyone is happy barring this deposit issue. What's the best way forward?

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As long as they have paperwork confirming they have paid a deposit, the landlord will be responsible to return it at the end of tenancy.

The estate agent is just that, an agent (employee) of the landlord and acts on his behalf.

Tell them to keep everything quite until they decide to move.

At that point the landlord will have to reimburse them of the deposit or be sued.

If they end up taking the landlord to court, don't fall into the trap of Ltd company, tell them to sue him personally.

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LL responsibility but as the agancy will have belonged to a scheme where they keep the money and pay a small percentage as insurance the scheme administrators are liable for the deposit. Might be worth setting things in motion. f the secure client account wasnt anything of the sort then agents should be reported to police for theft but that will be a job for the insolvency people

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Have to agree with king12345 Buck stops with the Landlord as they are the ones that Employed the Service of that Letting Agency.

 

That Letting Agency took the Deposit on behalf of the Landlord and should have protected it in one of the Tenancy Deposit Schemes with the Tenant being given a copy of the prescribed terms.

 

Tenancy deposit protection: https://www.gov.uk/tenancy-deposit-protection

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Have to agree with king12345 Buck stops with the Landlord as they are the ones that Employed the Service of that Letting Agency.

 

That Letting Agency took the Deposit on behalf of the Landlord and should have protected it in one of the Tenancy Deposit Schemes with the Tenant being given a copy of the prescribed terms.

 

Tenancy deposit protection: https://www.gov.uk/tenancy-deposit-protection

 

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