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Estate agent in Liquidation

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What happens to tenants deposits?!

Hello Can anyone offer me some advice about the implications of estate agent liquidation on a landlords interests? I have recently started to assist a private landlord with the general administration of his property portfolio and have recently been informed that the estate agents responsible for several of his properties have gone into administration. While the obvious issues with the rent and lost payments is a massive concern, the greatest concern is related to the tenancy deposits on these properties. I was under the impression initially that deposits held within certain schemes were protected, is this correct? Also it has come to light that many of the deposits were not correctly registered within the government schemes, so does anyone know what the outcome for the landlord is here? I assume he is sadly responsible for the repayment of these out of his own pocket even though the agents acted incorrectly? Any advice would be greatly appreciated! Many thanks Louise

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Louise Floyd on 19/02/2012 21:55:23
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Hello
Thanks for your response.
Not good news for the landlord then it seems. Frustrating how the agents now seem to get away with it though since they will have no money to repay their debts.
Thanks for your help
Louise
Seems landlords
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Richard Baker on 19/02/2012 20:14:31
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A tenancy agreement is between landlord and tenant. The agent acts on behalf of the landlord only. As such if an agent has run off with the money, it's the landlord's problem, and the landlord will need to make good the value of the deposit, or he may get sued by the tenant.
You should check with www.depositprotection.com to see if they have the deposit. If they do, you're safe - it's effectively in a government backed bank account. If they don't have it, there's every chance the agent has run off with it, and the landlord is going to need to make it good.
To avoid this happening again, make sure your agent is a member of www.safeagents.co.uk, or contact your local Belvoir Lettings office - there are 135(ish) in the UK.
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