Letting agent disappeared with tenants deposit.

[HouseHell]

I rented out a house about 4 years ago through a letting agent who did all the references/checks etc and 'managed' the property for a year after. I now want to issue the tenants notice and it seems that the agent didn't put it in the deposit scheme like he said he had. Is there anything I can do?

Give them their full deposit back before they sue you?

What does your contract say? Can you sue the agent if the tenants sue you? But yes i think it would be wise to return the deposit in full promptly.

Also there's a forum called landlord zone, I would go post on there as they will give you a list of things to do to get the tenant to leave as this messes things up quite a bit.

If I pay the deposit (out of my own pocket) in to the scheme now, then can I issue a section 21?

I don't think so, as the prescribed information has to be given in a certain amount of time. You will have to give the full amount of deposit back to the tenant before you can serve them with anything.

See a solicitor

This is what I was fearing.
The contract is currently running as a periodic one, it was initially a 6 month one. If I got the tenant to sign a new fixed term contract, could I put the deposit in the scheme then?

Well you could, but it doesn't write over the last tenancy, so they can still sue you for 1-3x the deposit. It would be best to give them the deposit back in full.

If I give them their deposit back in full, can I then issue a section 21 at the same time?

Second the recommendation for landlord zone. This could get extremely messy for you if the tenants are on the ball.

What's the relationship like with the tenant? If it's a periodic tenancy and you give them notice, which they accept, do you need a S21?

A section 21 notice may not be issued unless the tenancy deposit registration requirements were met within 30 days of the deposit payment.

I'd go to landlord zone for advice. They are very good there. Is the agreement between you and the tenant or the agency and the tenant?

This tells you what to do. You can issue sec 21 but you need to give deposit back first. Theres an agreement form for deductions that would need to be completed.
here

Thank you for the advice everyone.

Relationship is pretty good with the tenant, although she's become pretty unreliable at paying on time the past couple of months which is why I've decided now is the right time to sell.

She doesn't have any money (is on benefits) and I don't have any either.

So annoyed at the agents, but know fundamentally it's my fault for not being more clued up.

Thanks again for your help.

it is 100% your fault, sorry.

as landlordzone will tell you; return the money, out of your own pocket if necessary. If the agent ran off with it that is, I'm afraid, your problem. There is nothing you can do to retrieve the offence of not protecting the deposit except to return it.

then issue your notice. Be aware this is not a notice to leave, it is a notice that you will start legal eviction proceedings if she doesn't go. That is expensive so I hope you have the right insurances.

bet the whiny landlord-haters won't read this thread!