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sl129
06-02-2008, 18:07 PM
I am a landlady and the estate agent I used to have run away with some rent and all deposits frommy tenants. As a result, I had tenants also leaving without paying their rents (because they didn't think they would get their deposits back, even though I put in wirting I would return their deposits).

In one particular case, a tenant owes me over £1000, so I want to take him to court. The trouble is that I fear he will claim 3 times his deposit (£1500), as the estate agent failed to protect his deposit. In that event, I will loose £500, so I would rather not go to court.

To make this decision, I need to know the following:

I know that the Housing Act says that the landlord is responsible to return the deposit to the tenant (say, in case the estate agent runs away with the deposit). Does the Deposit Scheme legislation says that the landlord is also liable to return 3 times the deposit? Or will I suceed in showing in court that I gave written instructions to the estate agent to protect the deposit and they didn't?

Can I protect the deposit retrospectively? The tenant could still argue that I never informed him that the deposit was protected in the first place. The reason why I never protected it is that I am still trying to recove rit from the estate agent (who has now shut down).

Anyone who has any idea please advise.

pcwilkins
06-02-2008, 18:53 PM
Does the Deposit Scheme legislation says that the landlord is also liable to return 3 times the deposit?

As far as I know, the law makes no distinction between what you do and what LA does. Actions (or non-actions) of LA are imputed to you (to steal Jeffrey's latest word).


Or will I suceed in showing in court that I gave written instructions to the estate agent to protect the deposit and they didn't?

Doesn't make any difference.


Can I protect the deposit retrospectively?

Yes.


The tenant could still argue that I never informed him that the deposit was protected in the first place. The reason why I never protected it is that I am still trying to recove rit from the estate agent (who has now shut down).

Again, the problems between you and LA are nothing to do with T. The fact is that his deposit wasn't protected when it should have been.

Assuming that the agreement started April 2007 or after, that is.


Anyone who has any idea please advise.

Either
a) take T to court to reclaim owed rent and hope he doesn't know about TDS, or
b) forget all about it.

Peter