Company let - deposit held - letter before action

Bluelagoon2022

Hi,
I had an  company agreement with estate agent and LL. Tenancy ended middle of sept. 
Dispute over damages so my deposit has not been returned.
Can someone firstly please confirm that as it is a company let agreement they did not need to protect the deposit? I believe that to be correct.
Secondly who do I address the letter before action to? Both the estate agent and LL? If so do I do two separate documents or name them both on the same one?
thank you! 

propertyrental

Please explain. If a company rented the property, then you did not.
Who is named as the landlord? As the tenant?

But yes, the deposit legkislaton applies to ASTs, not commercial tenancies.

As for the LBA, see my Qs above.

Bluelagoon2022

Hi thanks for your reply. Company let was in my company name. My company was the tenant as such with the estate agent and LL. What I know now is that it should have  been a management agreement. 

Regardless I am now in a position where the LL is trying to claim for damages not named on the initial check out report. They brought them to light after 4 weeks of tenancy ending when multiple people had entered property. I have request my deposit back but they are refusing wanting me to pay for repairs. 

Thank you 

propertyrental

Stlll not entirely clear- you have not answered the question:
"Who is named as the landlord?" The 'agent or the 'landlord'. I can't read your contract from here.

You cannot claim the deposit back, but your company could. The company sends a LBA to the named landlord (unclear if that is the 'agent' or the property owner).

Once your company has filed a claim with the courts, the defendant landlord could choose to counter-claim for damage. It would then be for the judge to decide if the damage claim is justified.

Bluelagoon2022

My apologies. It is the landlord and my company on the contract. So I see now I would make the LBA to the landlord.  

propertyrental

Bluelagoon2022 said:

My apologies. It is the landlord and my company on the contract. So I see now  I the company would make the LBA to the landlord.  

Sorry to labour the point.......

Bluelagoon2022

Thanks for your time 

saajan_12

Bluelagoon2022 said:

What I know now is that it should have  been a management agreement. 

What do you mean by this? 

Bluelagoon2022

@propertyrental

Could you help with another question please? Although this is not an AST contract and deposits do not need to be held by a deposit scheme, , it states the following on our contract - 

 ‘ The Deposit: £***to be held by the Tenancy Deposit Scheme (“TDS Custodial”) and placed within the nominated Deposit Protection Scheme as stakeholder . At the end of the Tenancy, the Tenancy Deposit Scheme (“TDS Custodial”) shall return the Deposit to the Tenant subject to the possible deductions set out in this Agreement.

As it states This and the deposit was not held , do I have some legal ground ti stand on here?

propertyrental

I'm confused- was the deposit protected or not?

If yes, that was a voluntary decision by the LL, not a legal requirement.

If not, there was potentially a breach of contract and you could sue for any consequential losses you incurred. But I'm not sure what those might be.

The non return of the deposit appears to be as a result of alleged damage, which is a separate matter. You could sue for the deposit. The LL would doubtless defend, claiming damage, and the court would decide.

Bluelagoon2022

The deposit was not protected as it was a company let contract. However I noticed the clause above re deposit on the contract and as it was stated on the contract and was not protected because it was actually a company let contract - can I use this to get my deposit back ? As it is in the contract and not protected could I apply to the deposit scheme for compensation ie 3 months deposit back.

aa I’m sure you are getting the gist of , the contract has many flaws and I have lost a lot of loamy due to estate agent/landlord lies