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Hello

I have a flat at Hounslow, London. I had a tenant from August 2011. the tenant paid a deposit which was kept by the agent. I and my tenant both have receipts from the estate agent. the agreement with the tenant finished in August 2012.

He vacated the property. After repeated emails both from me and the ex- tenant, the estate agent is not returning the money. I also owe some amount towards the cleaning of the property (the tenant agreed to this)

The agent also does not respond to phone calls. When the tenant went and met the agent in person he was assured that the money will be returned. But there was no transaction even after months. I managed to talk to the agent after repeated calls from a new number. the agent admitted that the money is in a trust and they will return it. But even after months there is no response.

Meanwhile the ex tenant is preparing to go to court and it seems I will be pulled to court for no offence of mine. Please could you advise me as to how to get the money back from the agent

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Hello and Welcome,

 

I've moved this thread to the appropriate Forum, hopefully you'll get some help shortly.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

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Unfortunately if you are the landlord, then the 'offence' is yours. Pay the tenant the money back (minus whatever amounts the tenant has agreed to) and then sue the agent yourself. The agent is responsible to you, not to the tenant - and the tenant's claim is against you, the landlord.

 

Be grateful that the tenant is not suggesting claiming for non-protection of his/her deposit (a legal requirement) as if they decided to claim for that, you, as the landlord, may also be ordered by the court to pay a penalty of 1 to 3 times the amount of the deposit in addition to having to repay the deposit.

Edited by Lea_HTH
Reworded a sentence.

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could you please tell me how I claim the money back from the agent

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Sue LA in SCC for full deposit amount, after paying T the agreed amount due to T

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Agree with all the above.

 

Pay the tenant the money he is owed, as you are at risk of the tenant suing you for up to three times the amount of the deposit.

 

Then sue agent through the courts if you think it is worthwhile.

 

Next time, pick a better agent!

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