Transfer of tenant's deposit.

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L
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We have been letting several properties for some years through agents, but as of 6th April this year we have taken over the management of all the properties ourselves.
One of the properties is a flat which has been let to the current tenant since November 2005.
The agents renewed the tenancy for a further 6 months from 1st April this year, and then handed it over to us. However, after repeated queries from us, the agents revealed that they were still holding the tenant's deposit, as he moved in well before the new requirements. After repeated requests they have today transfered the deposit to us, but have said that they believe that it should have been put into one of the schemes at the beginning of the renewed tenancy agreement. They had no explanation as to why they had not done so if this was their belief.
However in a further twist, the tenant has stopped paying rent, and refuses to answer our letters (he has no phone). Although we have done nothing to antagonise him, and have bent over backwards to sort some minor problems in the flat which the agents had not told us about, he seems to think we are a soft touch and will not take action against him.
We are therefore now considering legal action, but need to know what to do with the deposit. We do not want to register it in a scheme unless we have to, as the flat is now in a terrible state, and we will spend far in excess of the deposit bringing it back to the condition it was in when let to this tenant. However, if the law requires it due to the renewal of the tenancy agreement, we will put it in straight away. I have searched for info on this situation without success.
What do you think?
12/06/2009 00:00

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