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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience:  Solicitors 2 years plus PQE
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I suspect that the estate agent handling my rental property

Resolved Question:

I suspect that the estate agent handling my rental property has misappropriated the tenants deposit. She seems to be lying low and will not confirm if it is still secure - it was with My Deposits, but they advise that the agent cancelled it.
What would my next step be?
Mike Plumb.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If she has accused you of harassment that really leaves you with one option that is to sue her. Under s.40 of the Administration of Justice Act 1970 it is not criminal harassment of a debtor to lawfully sue that debtor in court. You can start a money claim here https://www.moneyclaim.gov.uk/web/mcol/welcome - you are required to give a 7 day warning to her to either pay up or risk court action.
How much is the deposit? I know it is not ideal but I would consider mitigating your loss and repaying your tenants what they are entitled - unless your tenants are happy to wait?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ.

The tenant is still in situ and wants to renew her tenancy for another year. I have assured her that no matter what, I will reimburse her when she decides to leave so she is quite happy. The deposit is £900. However, as much as I would like see justice done, I also don't want to be throwing good money after bad with high legal costs which don't guarantee me a refund.

Mike.

Expert:  Alex J. replied 2 years ago.
HiThank you.I understand - I would note the following - the court fee for a small claim of £900 is £60 - also you could quite easily conduct the claim yourself - or if you have landlord insurance it may cover the legal fees (alternatively if you have insurance it may cover the whole deposit).The alternative to this is that this could be considered fraud and you could report the matter to the police. You have trading standards to help you provide evidence against someone they have been investigating - although this won't necessarily get your money back.The other civil option is to serve her with a statutory demand- it is a precursor to bankruptcy but all it will do is put pressure on her unless you are prepared to issue bankruptcy proceedings against her - https://www.gov.uk/statutory-demands/overview.I look forward to hearing from you.Kind regardsAJ
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