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court action - Letting Agent or Landlord?

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Is it possible to take action against the Letting agent instead of the Landlord to get my deposit back? I have done a bit of googling to no avail.

After 5 years renting my property I moved out in December. Surprise, surprise the Landlord felt entitled to help themselves to my deposit. (I won’t go into the details but it is the usual nonsense).

 

  • The house was rented through a letting agent whom I paid monthly and who provided the management.
  • I had no interaction with the landlord. 
  • I don't even know if my emails explaining why I contested the deductions was passed on (I believe the letting agent was at fault for some of them)
  • e.g I was charged for the inventory - (even though the inventory report I was provided with was conducted 2 years prior to me moving in)
 
The Letting agent have emailed me to tell me that they have sent the money to the Landlord and I now need to take it up with the Landlord.
  • My understanding was that they can’t deduct anything without my consent. I can’t go to the tribunal as this time has expired (I suspect that the Letting agent was just stringing this out until then).

 

I would much prefer to take action against the Letting agent then the Landlord

 

Any thoughts here?

 

 

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In England and Wales your deposit must be protected by 1 of 3 schemes. The Deposit Protection Service, MyDeposits or Tenancy Deposit Scheme. Find out which one first.

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As above, your Letting Agent should have protected your deposit with one of 3 schemes.  The deposit schemes cannot release your money to your Landlord without your consent.  ie. the default setting is a dispute.  So unless you signed something, then your LA cannot possibly have "sent the money to the landlord".  Except if you have gone beyond the 3 months you have to raise a dispute.  

However you can still raise a dispute after this time if you have exceptional circumstances.  Being strung along by a LA is a good place to start. 

If you don't know who your deposit was protected with, get the details and reference number from the LA.  If they won't give it to you, then they probably never protected it.  If that is the case, there are no-win no fee lawyers who might help you out.  

Good luck.

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