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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Following eviction from premises owned by me, the evicted tenant

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Following eviction from premises owned by me, the evicted tenant has disappeared without trace. The decision of the court was to award me full possession, all costs which included the outstanding rent etc. There is very little chance if not at all of locating this ex-tenant. I have since found out this tenant sub-let on a monthly basis to unauthorised persons. The Estate agents refuse to hand over the deposit of £950.
QUESTION:- Am I entitled to this money without having to go to court again?
Thank you, ***** *****
Hello Lauren,

Why is the estate agent refusing to hand over the money to you?
Customer: replied 3 years ago.

They say they are not allowed to unless they have authorisation from the tenant or I need a court deed. {what is a court deed?}

Is the deposit protected by them in a deposit protection scheme?
Customer: replied 3 years ago.

The company state that the deposit is being held by the landlords agent { I presume the estate agent} who is a member of my/deposits, as a stakeholder till the end of the tenancy. I'm the landlord, I have no knowledge of any company and following my contact with my/deposits, they have referred me back to the Estate agent!!

The tenancy has ended as the tenant has left the premises and you have a possession order from the court so it seems that your estate agent is holding the deposit and should release it to you.

You may go back to court where you got the possession order and ask the judge to make an order against the estate agent asking them to release the deposit to you as this is what the estate agent is asking for (seeing that the tenant has left without trace).

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