I have just received a court order as my estate agent had not put the deposit into the necessary scheme. He has since done so, but the tenants are wanting penalties because he didn't put it in on time.
Unfortunately I have not received or seen a copy of original court order. The estate agent responded on my behalf (without my knowledge of either the order or his response). The court responded with the notice I received yesterday saying that the agent cannot respond on my behalf and therefore I have failed to file a statement. I have until 4pm 9 November 2012 to do so, or I have to appear in court.
This is clearly very distressing!
My question is really around what do I do next?
I have asked the estate agent for the dates of receiving the deposit and when he has put it into the deposit scheme. I have also asked for copies of the original notice and his response. I have said that he is not to take any further action without my prior approval.
I will also ask for the court to provide me with another copy of the notice as I haven't ever seen it.
How do I go about responding to this?
In addition, I have served a s21 notice - I believe AFTER the deposit was in the scheme. I am clearly very concerned that the tenants will either not leave or will damage the property before they go.
Finally, the property is under offer for purchase - the tenants are already being awkward and refusing to let the surveyor in. I am anxious that the sale goes through rapidly, but don't want to aggravate the situation.
I would really welcome your comments and suggestions please.
Finally - I would like to know what action I can take against the estate agent. They have just been useless throughout the short time I have been an agent - this is just one example of what they have done. However, this is very secondary - right now I just want to avoid going to court for the wrongdoing of the estate agent! I understand that it is my responsibility to ensure the deposit goes into the scheme, but the contract between the estate agent and me states that they will do it, and they have done so in the past, so I assumed (wrongly I know) that they would continue to do so.
Thanks and kind regards
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