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Tenants deposit


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I am in the process of ending my contract with a mangagement company that has failed to perform.

They however have my tenants deposits.. How do I go about retrieving this.

1) Do they pay back to the tenants who then pay me?

2) Do they forward it to me direct?

3( What if they fail to refund ?

Are there ways to protect the deposit..what is the the best way forward?

I asked the agent for a months rent as deposit..they however only took £100 pp as they say because i am renting room it should be less. Is this right too?

Thanks in advance.


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You need to take a look at the tenancy agreement. If the agreement states that the management company is holding the security deposit as "agent for landlord" then that means that you can ask the management company to refund the deposit directly to you (as they are holding the deposit on your behalf ie: as your agent).

However, if the tenancy agreement states that the deposit is held as "stakeholder" then this means that the management company is impartial and sits between the landlord and the tenant.

Unless the landlord - AND THE TENANT - agree that the deposit can be refunded to you then the deposit will need to remain with the management company until such a time as you do agree - or you change tenants !

Remember - the security deposit belongs to the TENANT and not the landlord. It is their money - not yours !

Hope that helps .....

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