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  • Landlords in Distress

    Agent - released deposit, no deductions made

    At the check-out, the letting agent that was managing the property wrote that there was £900 damage.

    Then he has released the entire deposit to the tenant, without informing me.

    Can I sue him for lack of duty of care?

    Is there a better piece of legislation that I can quote?

    Thank you

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    Wasn't the money in a deposit scheme? Presume this is England and not Scotland but surely it was protected in some way?

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    That's great you the letting agent informed you that there was £900 damage (in writing?) as he now owes you £900.  Whether he pays out of his own money or via the deposit from the tenant, I'm sure you don't mind either way!  Contact him and politely ask when you can expect your £900 please? 

    If not forthcoming put in a claim for the money (moneyclaim online) against the agent!  And next time ALWAYS secure the deposit yourself.  You can use an agent but still register the deposit yourself as long as you have registered yourself with one of the tenancy deposit schemes and can provide the agent with your registration number.

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    Thank you very much! Very useful comment. Yes, the agent wrote the figure in an email. 

    I think that I can claim on the basis of the Consumer Protection Act 2015, but I am trying to find out if there is a specific piece of legislation that applies to the agreement between landlords and agents.

    Thank you, Debora


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