Agent didn’t file a part deposit with deposit scheme within 30 daysMake Text Bigger
This is my situation:
31st October – tenancy commenced with tenant paying £900 for first month’s rent and £446 as part payment towards the deposit required of £1,246
17th November – £800 balance of deposit received by the agent
8th December – full balance of £1,246 protected with DPS.
I received an email from agent on 4th November stating that the full deposit had been received and forwarded to the DPS. When I found this out as tenant had come directly to me as she was not happy with how the agents were treating her, and she was looking to sue for 3 times deposit.
When I queried the agent they said they had not broken the deposit law and the DPS, RLA and a solicitor have all said they were compliant. I checked with the DPS and became a member of the RLA and both told me that part deposits must be paid into a deposit scheme within 30 days. I have made a formal complaint with both the RLA and the TPO, I received a letter from the RLA which confirms my position and that I may have grounds for negligence against my agent.
I am awaiting a response from the TPO, what else could I do to solve this issue? I have contacted a solicitor and told the agent they need to sort compensation out with the tenant to remove my liabilities.
The tenant has in the meantime stopped paying rent, what is the best way to resolve that issue they could be risking any compensation claim.
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