Tenant won't transfer deposit from agent to a gov deposit scheme

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P
Pebbles
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Hello All,

I have a tenant who has been in my property for 5yrs. All was going well until I discovered that she was and has always been a HB claimant. The agency I used explicitly stated that they do not take on HB tenants so I raised a dispute with them demanding a refund of the thousands I had paid them over the years. In the end I sacked them and the contract with them finished last month. Since then I have repeatedly asked the tenant to confirm to them that she is happy to transfer the deposit held by them to a new government scheme account that I will set up. She now ignores my emails/texts. I do not live I the area so cannot go round easily and am sure she would move sure she was out anyway. I think she is hoping to take all the money at the end of the tenancy (next year). Oh and yes the agents would happily give it to her since I highlighted so many flaws in their procedures that the director was made to look incredibly incompetent and would want to get me back.

So my questions are ,in the interim, can the agent hold the money even though the contract with me has terminated or am I in breach of the law? Secondly can the agent just give her all the money at the end of the tenancy since she has not assigned it over to me to put into a new account and they claim (I suspect correctly) that they cannot move the funds without her say so?

Thank you for your time.
21/09/2013 20:49

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