Thanks. I am afraid on these facts if the agent has included provision for a 4 week deposit to the tenancy agreement the position would be that there is no real scope for you to be able to retrospectively seek the further 2 weeks deposit from the tenant at this stage because you are bound y your agents representations on your behalf (authorised or not) by Agency Law. There is a limited exception if you can prove that the tenant knew that the agent was acting contrary to your authority but this is in practice very difficult to prove and rarely allowed. However his is very far from the end of the story.
If the agent signed a tenancy agreement without your authority and you suffer loss as a result this raises the issue of negligence on the part of the agent. Agency law lays down a number of fiduciary duties the agent owes you as its principal. They are the fundamental principles that govern an agent - principal relationship notwithstanding the agency agreement itself. Essentially they owe you a duty of loyalty, obedience, skill and care, and a duty to account to you as principal.
From what you say the agent acted without your authority and has failed to register the deposit. He is therefore in breach of his duties of obedience, skill and care. As you know the deposit must be regitered within 30 days or you can be liable for compensation to the tenant. If this occurs you would have a claim against the agent for loss.
As regards ***** ***** at this time you are not able to show you have suffered a loss unless you usually receive interest from the deposit though even then the loss is likely to be so small as to not be worth your time disputing. However if you find cause to claim against the deposit and the existing deposit does not cover the damages and you are unable to claim further monies from the tenant you may seek to claim the difference from the agent on grounds of negligence.
You could do so in the small claims court or via the Property Dispute Service for free which the agent is required to be a member of. This is the most common one though not the only service:
For now you can put the agent on notice that you consider his actions negligent, that you require him to carry out your instructions regarding the deposit or you will hold him liable for any compensation you become liable for and that you reserve your rights in respect of any losses you suffer as a result of his actions.
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