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Recovering Deposit from Agent

I am a landlord who used an agent to let my home as we sailed around the world. The deposit was lodged with my deposits via the agent. The Letting company was sold by the the agent Jun 2009. I or the tenant was informed of this. The new owners have no recorder of the deposit being transferred to them. My Deposit say they wrote to me and the tenant informing us that the deposit will become unprotected as the Agent was no longer a member of there scheme. I or the Tenant received no letters from My Deposit. The tenant has, now moved out and is asking for their deposit back. I am aware that under the Housing Act 2004 I am reasonable to pay it back to them. I have tracked down a director and he told me that he believes the moneys were paid back to the tenants, but has produced no paper trails. The tenants informs that they have revived no money from the agent. The agent tells me the company is no closed and has no assets and so cannot pay the deposit back if stilled owed.

If I pay the tenant he deposit 700 pounds can I make a claim via small claims court and win on the ex-director. He does have other company.

Any help would be appreciated.

David

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    A company that's been sold is NOT the same thing as being closed. Once a business is sold the new buyers acquire all of the assets (including your tenant's deposit) and its liabilities. It's my understanding that if an entity owes you money then you can only pursue that particular entity through the courts for payment. Not one of the Directors or any of the other companies he owns.
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