The deposit was owing and I signed a new rental agreement with the tenant stating that the deposit was not received by me. She is a housing benefit tenant and the council say I am liable for the deposit.
I got the tenant to sign a new rental agreement after I terminated my contract with the property management company. I noted on the rental agreement that I hadn't received any deposit.
But their agreement with the management company was the one with the deposit?
Ok - then you do not need to worry.
You had a separate agreement. Therefore you are not liable.
There is no contract with you. The only contract with you is with no deposit.
Therefore you can not be held liable for contracts entered into by other people.
You are not bound
Can I clarify anything for you about this today please?
The council said that I was liable. So I returned the money to them. Were they incorrect.
Yes they are wrong. You can not be bound by a contract to which you were not a party.
Does that help?
Can I get my money back?
From the management company? If they have not protected the deposit and have gone into Administration then the tenants will only be unsecured creditors - nothing else
In reality it is unlikely they would get anything
The council lead me to believe that I was liable so I gave them the amount they were owing. Can I request the amount back? If I can is there a legal term I can use?
Yes you can request it back or sue them using the small claims procedure.
Does this help?
You have been very helpful. Thank you