No inventory, so what happens to my deposit?

Surama

We've been living in the same rented flat for four years and are intending to move next April.

A few months ago the original managing agent (the owner lives abroad), went under, taking three months' rent and my deposit (6 weeks rent), with them. This is Not My Problem - I paid the money, the fact that the landlord never got it isn't my concern, right?

A new managing agent took over and I have a new contract which states that "if the deposit is recovered" it will be "subject to the deposit clauses hereunder" (it's a standard AST tenancy).

However the old managing agents also took the inventory with them when they folded.

I'm wondering what I should do. I am inclined to discuss it with the managing agents closer to the time and state that I will not be paying the last month's rent. But is this illegal?

I can't see how I am going to get my deposit back, and while I don't mind arguing that I should recieve the full amount in principle I just don't see it happening in practice. If I didn't pay the last month's rent then there would be an 'extra' £600 (the difference between the deposit and the rent), which is more than enough to cover the damage the property's suffered over the years.

The managing agents are a very big chain so presumably could make my life difficult if I did break the law - but equally since the money no longer exists I don't want to just be added to the list of creditors suing the old managing agents, or fobbed off with a "we can't do anything about the deposit until the court case is over" - it's a lot of money to me.

abaxas

The deposit is the LL's responsibility.

Also no inventory = no deductions from deposit.

Move out, wait 4 weeks for FULL deposit. If it doesnt comes, send letter before action (7 days). Then take to small claims.

Dont '!!!! about'. Just get it back quickly and professionally.

Surama

Does going to small claims not cost money, though?

RabbitMad

Do you still have a copy of the inventory? If so you have "proof" of what the condition of the property was when you moved in.

However if you have a new AST contract the new agents should have protected your deposit. If they haven't report them as it is not your fault the LL didn't take steps to protect your deposit before the old LA went bust

poppy10_2

Return of the deposit is the landlor's responsibility, and it is worth chasing him thru small claims if necessary.

No signed inventory=no deductions from deposit possible by LL/LA, as abaxas says. The onus is on them to prove the original condition of the property which they can't do without an inventory.

clutton_2

whatever an agent has or has not done, the legal responsibility for that agents actions is held by the landlord - the tenant cannot legally be made to suffer if an agent has reneged on his/her contract with the landlord.

this is the landlords loss = not yours.