zoe.wareham@btinternet.com Posted October 29, 2012 Report Share Posted October 29, 2012 Wonderful tenant moved in Feb 2011. Moved out Oct 2012. Agent used for letting contract, references and setting up dps deposit. Agent was well established - we bought house of them 7 years earlier. We had to chase agent to give us the remainder of 1st month's rent owed to us, and repeatedly asked them to transfer deposit in dps to our name. They said - let it stay in their name and we contact them when the tenant moves out. NOW THOUGH, agent went bust a month ago (aggghhhh!) and FINALLY got an answer out of dps that the tenant has an account, with the correct address and amount of deposit, but it has been 'CANCELLED' and monies were never received. Has anyone else had this experience? Can anyone direct me where to go next? NB Citizen's Advice Bureau don't help landlords because of possible conflict of interest with tenants. Please help me. we're talking about £787.50. Link to comment Share on other sites More sharing options...
Melboy Posted October 29, 2012 Report Share Posted October 29, 2012 Bad news I am afraid. You will have to return the deposit to your tenant out of your own funds. Recent Court case where the same happenings as you have just experienced after the LA went bust found in favour of the tenant. http://www.guardian.co.uk/money/2009/oct/23/deposit-protection-scheme-landlords-stranded Link to comment Share on other sites More sharing options...
zoe.wareham@btinternet.com Posted October 29, 2012 Author Report Share Posted October 29, 2012 Thanks - without knowing the court cases, I had come to the same conclusion - I just wondered how to go after the Agent. Link to comment Share on other sites More sharing options...
Grampa Posted October 30, 2012 Report Share Posted October 30, 2012 Did the agent belong to ARLA or Nals as there may be certain insurances in place that may help. Link to comment Share on other sites More sharing options...
Longmere Posted October 31, 2012 Report Share Posted October 31, 2012 Check to see if the agent was a sole practitioner or a Ltd If they are a non limited entity raise a claim against them if they are a Ltd check to see if they have gone insolvent or if they are just in the process. If they are and Ltd in the process of going insolvent write to companies house asking for a stay on it as you aim to raise a claim. Hope this helps. Link to comment Share on other sites More sharing options...
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