Deposit problem after agent stopped trading?
10:14 AM, 30th May 2018, 8 years ago
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A tenant has recently vacated my property which was rented through a letting agent. The letting agent stopped trading during the duration of the tenancy and its now come to light that they didn’t lodge the deposit with the DPS as was stated on the tenancy agreement.
Where do I stand as the landlord regarding the deposit as the tenant is now demanding I repay the deposit.
Many thanks
Dean
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Member Since July 2013 - Comments: 1434
4:14 PM, 2nd June 2018, About 8 years ago
Reply to the comment left by Ian Simpson at 30/05/2018 – 22:10
“I think as I inherited this tenant with the property, and thus the crooked agent was nothing to do with me. he had been appointed by the previous landlord. ”
Your failure to undertake due diligence dose not absolve you of responsibility.
If you continued with that agent, then he was acting on your behalf; if you failed to agree terms with agent, then that is your fault.
If you did not continue with agent, then you should have obtained the deposit and protected it yourself. If you did not check that the deposit had been properly protected, then you did not know what you were buying.