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I am having problems getting my deposit back from my previous landlord who say that they do not have it to give to me.

 

When I took out the tenancy back in 2005 I paid my deposit to the rental agency, the landlord then changed over to using a new agency and I signed a new tenancy agreement... all was well until a few months ago when i tried to get my deposit repaid and am now told that no-one collected the deposit from the original agency who have recently gone bust - they are now telling me that since they do not have my deposit then they cannot repay me.

 

Back in 2005, I got two letters...

 

One letter from the old agency saying they were sending the deposit to my landlord.

 

The other was from my landlord stating that he was passing over the deposit to the new rental agency and there was nothing for me to do or worry over.

 

I have the new tenancy agreement that states that a deposit was paid and for the correct amount. So the paperwork from the new agency does state that a deposit was paid by me.

 

if the landlord or the new agency did forget to collect my deposit from the previous agency, then is this a valid reason for them to refuse to refund me my deposit, or is there is a case for me at the small claims court to recover my deposit?

 

All help and any comments or thoughts would be very much appreciated

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The deposit is the responsibility of the Landlord (LL). He cannot refuse to return it, even if he claims that he has not got it, unless justified for repairs or non paid rent.

 

Send a letter before action to the LL giving him 7 days to return the deposit or you will start proceedings in the small claims court. If he does not return it, then start the proceedings for full return of deposit.

 

This sounds like a straightforward case, if there is such a thing, and the fact that LL claims not to have collected the deposit is not your problem, and it is up to LL to sue the agent for any money he thinks he is owed.


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