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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8779
Experience:  Dual qualified Solicitor and Attorney
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I rented out a property through a letting agent who took the

Customer Question

Hi I rented out a property through a letting agent who took the tenants deposit of £795 and secured it in a Tenency Deposit Scheme. My tenant has just left the property and asked for her deposit back. I have know found out that the letting agent went bankrupt and withdrew the deposit, in fact stealing it. My tenant is know claiming compensation of £2385 because she claims the deposit was not protected. Can she do this? Regards ***** *****
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: She has sent me a Claim Form (CPR part 8), she left the house in a mess and I wish to claim at least £1600 for repairs. I have not prepared any paperwork as yet.
JA: Where is the house located?
Customer: Woolston, Southampton
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 1 year ago.

Hi thank you for your message, ultimately you are responsible for ensuring the deposit is protected and she can claim against you if it was not. The court can award her for the failure to protect the deposit three times the deposit amount which in this case works out at £2385. You can counter claim against her for repairs though the cost of repairs will need to be well documented especially if you are to claim beyond the deposit amount of £795. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.