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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented my property through an estate agent who found tenants,

Customer Question

I rented my property through an estate agent who found tenants, drew up the shorthold tenancy contract and took the deposited the deposit through the DPS scheme. They went in to liquidation (Town and Country Ltd) and my tenants lost their deposit because Town and Country broke the law and did not deposit clients money with the DPS. My tenants now tell me I am liable for the deposit. I have offered them half the deposit money but they say I am liable for the full amount. I do not believe I am.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here as you will get an email when I respond.
Alex Watts : Just so I understand, the deposit was not protected? Are your tenants still there please?
JACUSTOMER-yj49fyle- :

as far as we were informed by Town and Country and it states in the contract that they deposited the deposit with the DPS. it was when they went in to liquidation that we learnt (as many other landlords did) that the money had not been deposited. the tenants leave the property in 5 days time

Alex Watts : Its bad news I am afraid.
Alex Watts : Town and Country only act as an agent for you.
Alex Watts : You are responsible sadly for the return of the deposit.
JACUSTOMER-yj49fyle- :

o.k thank you.

Alex Watts : This is because Town and Country act on your behalf and as such they are only an agent.
Alex Watts : But the responsibility lies with you.
Alex Watts : It is like if you book a holiday through an agent and it goes wrong. The holiday company are responsible as the holiday agent is just that.
Alex Watts : I am sorry as I know this is not the answer you want and it is certainly not the one I want to give, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you ?
Alex Watts : If this answers your question could I invite you to rate my service which I hope has been excellent today, if you need more information or help then please click reply. Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help:
Alex Watts : Does this answer the question?