Tenancy Deposits and agent default

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M
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A tenant has just left the property, after giving proper notice and has left the house in good order. The tenant did, at the commencement of the tenancy, pay to the letting/managing agent (a franchisee of a national and well known company) a deposit and that deposit was paid after the 6th April 2007 and should therefore have been protected.

Regrettably, it wasn't, neither would it appear was it lodged in a dedicated client account with that agent. The franchisee has gone into liquidation and the tenant now requires the return of the deposit. The liquidator says there is no money to distribute and the national franchisor says that it is not their concern.

Am I as landlord responsible for payment of the deposit to the tenant and, more importantly, could I be required to pay the 3 x penalty for the deposit not having been protected?


23/11/2010 00:00

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