Letting Agent Deposited Incorrect Deposit Amount

G_M

Markyginge wrote: »

Thanks for replies. Agent was at fault, they had collected the full deposit from the tenant, but managed data and reported info incorrectly.

Then as I said above, you potentially have a much more serious problem:

Since (you say) the agent collected the full deposit but only registered part of it, then you, as landlord, are in breach of the Housing Act as amended, for failing to protect the unregistered portion.

The tenant can sue you for 3 times the unprotected amount.

However, previously you claimed that the agent only collected £800 (which was protected), and you issue was therefore that they breached their contract with you by not collecting £1200.

If that is so, AND you can prove that you suffer a loss as a result of their breach, you can sue the agent for your loss. However you would have to attempt to minimise your loss (eg by claiming what the tenant owes you from the tenant, via the courts if necessary).

Finally, I am not convinced you have fully established how much the tenant DID pay.

The agent say they have evidence from accounts/statements

That could simply demonstrate that their accounting is poor. If the tenant has evidence (eg a receipt?) that he paid £1200, then that would trupm any claim by the agent that they only collected £800. You, as landlord, would then have to return the tenant the £1200 deposit he paid (less agreed deductions), though as stated above, you might then be able to sue the agent for your loss.