Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Has the tenant actually left the property. Has he moved his things out, and returned the keys? If so why do you need a possession order?
OK why did the agents think he left then? Also why was the deposit held by the agents and not in a deposit guarantee scheme?
Have you commenced proceedings for a possession order or for the return of the deposit to you?
In order to help you with this I need to know when the tenancy started, when did the fixed term end, what steps have you taken to get possession.
Have you got the deposit back from the agents?
Usually s21 proceedings are dealt with without a hearing unless eg there is no written tenancy agreement, or a defence has been filed alleging eg that the deposit is not in a scheme. Are the tenants not agreeing that they have got the deposit back? If there is a written tenancy, a valid s s 21 and no deposit (which seems to be the position now) then the case would usually proceed without a hearing.
Have the tenants filed a defence?
Is his solicitor claiming 3 times the deposit as you have not paid i into a scheme? I would be very suspicious of the agents in these circumstances.
Were the agents meant to deal with the deposit scheme sid e of things and did yo think that they had done so?
But as far as you are aware the the deposit has been paid back. Do you have a contract with the agents? What does that say about the depost? Are they managing agents or did they just arrange the let?
I think your best bet is to go and see a local solicitor with your case papers. Most will do an initial interview for a fixed fee (typically £50-100) and will eb able to review the papers with you and advise you what to do.
TRay tis link to find a local soclicitor who advises in