DPS return of deposit with new tenancy agreement
The tenant is now giving notice to break the tenancy agreement, and I am concerned about exercising my rights to deduct any necessary monies
from the deposit.
Can you please comment on my rights to do this without the possession of the old tenancy agreement.
I had a 6 month tenancy AST set up (and agreement signed) by an agent (January 2016).
The deposit was said to be held by the DPS. I subsequently agreed a new tenancy with the same tenant for 12 months.
The agent provided the AST but I signed it with the tenant.
The new AST was the same as the original one apart from
the provision that I could increase the rent after 1 year from the start of the original tenancy,
which I subsequently agreed with the tenant I would not do, and have not done.
I didnt gave the tenancy deposit a thought as I was informed it was lodged with the DPS.
I no longer employ the agent. After he had finished acting for me he contacted me to ask for my DPS account number 'so [he] could transfer the deposit money for 'this tenancy'
It was only then that I realised that the deposit was not 'attached' to my name as landlord, but only to the agent.
I rang the DPS and explained that there was a new tenancy agreement.
They said as long as it was the same tenant same terms, same rent and same deposit it should be Ok but warned me that
I could be asked to produce the original tenancy agreement.
I set up my account with the DPS, and I was sent notification that the deposit money was transferred to my account, but it refers to the original tenancy.
The notification also says 'Please note that any change request sent to us should be accompanied with a copy of the relevant tenancy agreement.'
I do not have the signed copy of the original tenancy agreement, as it was signed by the agent.
I have asked the agent for this (at least twice) but I am not getting any reply.
(My new AST says
The deposit of £xxxx is paid by the Tenant to the Agent
The Deposit will be registered and paid over to the Deposit Protection Service to hold throughout the tenancy)
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