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getting back deposit from an uncontactable agents


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Hi, I hope someone can advise me of what to do.

I am currently renting a property through an estate agents which have seemingly stopped trading. The phone has not been answered in a month and the only person left working in my local agents is an admin person who has no idea what is going on. Due to this my landland has decided to change agents and wants us to get our deposit back off our current agents (Charles Lawson) and just sign up with the new agents. We moved in to the house in September 2008 on an assured shorthold tenancy agreement. We paid a deposit of £1437 but we never received confirmation of this going into one of the deposit protection schemes (being totally naive and not knowing anything about it) and having spoken to the 3 schemes know that this money was never paid into one.

My question is who do i pursue for this deposit money?. We would like to move out but obviously need this money to rent somewhere else. Our landlord is well aware of how uncontactable the agents are and i have been paying the rent direct to him for the past 3 months as they were not passing it on. I also do not have a reciept for the deposit but did pay by cheque if that makes a difference in tracing it?

I have read so many of the other threads to try get an answer but my head is now spinning.:mad:

Thanking you in advance for any help.

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The situation is in fact very simple. There are two contracts here.

 

YOUR contract is with the LANDLORD. AGENTwas simply acting as LL's representative.

 

AGENT's contract is with the LANDLORD, not you. You do not have a contract with the LA. It is certainly NOT your responsibility to "get your deposit back from LA". This problem is fairly and squarely with your LL.

 

It is the LANDLORD's ultimate responsibility to ensure that your deposit was protected. If LL left this to LA and LA did not do their job, it is LL's problem, not yours.

 

If your LL has any sense, he will immediately put the amount of your deposit into a DPS. Failing this, if he does not return the deposit to you when you leave, you can sue him for the deposit + 3x deposit penalty for non-compliance with the deposit protection legislation.

 

And yes, payment by cheque means there is a payment trail so you should be fine.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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