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I am a Landlord (L) and have a problem with my Agent (A). I rented my property under AST in Dec 2009. The tenant (T) paid the deposit directly to the Agent who said he would register it under the "government deposit scheme" and advise us (both L & T) of its details. It is now over 1 year and A has failed to disclose any details and has been giving both of us (L & T) the run around. I have formally instructed the Agent to release the deposit to the tenant stating clearly that I no longer require a deposit from the tenant. However, he has to-date failed to respond.

 

What is the best course of action? Should I advise the tenant to pursue the Agent himself to recover his deposit money as he paid it directly to the Agent?

 

I would be most grateful for any advice.

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In order to protect yourself from any legal action by the tenant, I would recommend that you either protect or refund an amount equal to the deposit immediately (also get this documented in writing).

 

Then you should chase the agent for the amount, if you are still contracted to them, I would personally dis-instruct them immediately. Then send a letter before action stating that should this not be resolved (and how you would like it resolved) within X (14 maybe) days, you will take legal action against them to recover the money.

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