I let a property through a well-known estate agent. After a couple of months the tenants abandoned it and I had to spend £150 on cleaning. They owed several months’ rent and I had to pay the council tax. I have been unable to get the agent to release the deposit held through the Tenancy Deposit Scheme. They say they cannot release it without the agreement of the tenants. Is there any way I can force them to, as clearly the tenants are not going to return or respond? AB, Ipswich, Suffolk
The law, in seeking to protect tenants from rogue landlords, makes it difficult for landlords to seek redress from rogue tenants. The agent can only hand over the deposit with the tenant’s permission or, if that is not forthcoming, following a decision by the TDS or a court. You could ask the TDS to adjudicate, but it is not allowed to do so if, as in this case, the tenant is uncontactable. You would have to take your case to court and the deposit holder would need to pay the amount into a suitable client account pending the judgment.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
