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The law makes the LL responsible for the protection of the deposit. Hence you sue them.0
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The clause in the tenancy says nothing about taking action against the agent - it merely suggests you take legal advice, which will likely advise you the same as we already have done. You may not want to take action against the LL, but as has been said, the agent works for the landlord and not you and they protect the deposit on the landlord's behalf, not yours!
Contact Shelter and ask advice or a solicitor (versed in housing law) and let us know what they say. I for one would be interested to know whether there is a chance of you successfully suing the agent here, as I will gladly revise my advice to you and others in a similar position if this is the case.0
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