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Who do I claim against for return of deposit?


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Hopefully this will be an easy one. I am disputing the amount of security deposit returned to me and was convinced I had to claim from the Landlord. I went to CAB who were very helpful but insisted that any action had to be taken against the Letting Agent as they held the deposit, signed the contract and the money (the small amount I got) that was returned came from their bank account. Based on this I sent them a Letter Before Action and sent a copy to the Landlord (this was an exact copy so not addressing the Landlord). Now I am prepared to go further as have not had response but am unsure if I'm taking action against the correct person!!

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This was asked on a legal site, and a couple of the practicing lawyers made it clear that action was against the landlord. The only time you'd take action against the agent is if they won't say who the landlord is (the landlord is an "undisclosed principal").

 

But as planner says, a belt and braces approach of listing them both appears to be harmless.

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I had to get LLs address from Land Registry as agent was trying to be as unhelpful as possible! When I sent the letter before I gave 28 days to reply, would it be OK to reduce this to 14 days? I really want to show that I've given them plenty of opportunity to sort this out before going to court.

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