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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience:  Solicitor with over 15 years experience.
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My tenant paid his deposit to an estate agent, now the

Resolved Question:

my tenant paid his deposit to an estate agent, now the agents are saying the tenant collected the money that he has left the property. i have been to court for eviction order. i was asked to provide a proof from the agents, they only gave me a written statement. the case has been adjourned till the 11/10/2016. please what do i do now
Submitted: 3 months ago.
Category: Law
Expert:  LondonlawyerJ replied 3 months ago.

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?

Customer: replied 3 months ago.
No the tenant has not moved out, I served him section 21 but her refused to move out
Expert:  LondonlawyerJ replied 3 months ago.

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?

Customer: replied 3 months ago.
I have asked for a possession order. I have asked the agents for the deposit but they said they have paid it to the tenant without any receipt.
Expert:  LondonlawyerJ replied 3 months ago.

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?

Customer: replied 3 months ago.
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Customer: replied 3 months ago.
No I have not got the deposit from the agents, tenancy was short term and renewed yearly, he moved in on 13/2/2010. Have not renewed it as I gave him section 21 in september 2015 to move out in December 2015 . I asked for possession order because he refused to live and he is demanding his deposit. There is no enough evidence from the agents he collected his deposit. Agents didn't register the deposit when I checked with DPS .
Customer: replied 3 months ago.
The agents are not being helpful, there is another hearing on the 11/10/2016
Expert:  LondonlawyerJ replied 3 months ago.

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?

Customer: replied 3 months ago.
I think that is the situation now. Can I pay the deposit into the DPS now?
Customer: replied 3 months ago.
As I don't know who is tell me the truth, the agents or the tenant.
Customer: replied 3 months ago.
His solicitor is calming so much money, his charges. The judge yesterday told me he thinks I need legal advice
Expert:  LondonlawyerJ replied 3 months ago.

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?

Customer: replied 3 months ago.
the agents took the deposit and gave me the impression ot has been registered.little did I know that it wasn't. They started the process but didn't finish according to DPS . The tenants solicitor is calming his cost of acting for the tenant
Customer: replied 3 months ago.
As I am not sure where the deposit is at the moment, can I register it.
Customer: replied 3 months ago.
What can I tell the judge in court on the 11/10/2016
Expert:  LondonlawyerJ replied 3 months ago.

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.

http://solicitors.lawsociety.org.uk/

TRay tis link to find a local soclicitor who advises in

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Okay thanks a lot and will do that. No they only found me the tenant

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