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Missing rental deposit from agent
When the tenancy finished, my sisters friend is now unable to pay the deposit back as she says "she hasn't got it", her words. She admits that she had it, but she is now in financial difficulty and unable to pay it back. My sister has said she never saw the money so she's washed her hands of it.
As you can appreciate, my partner and I have also had nothing to do with this money. We did not receive it nor issue a receipt, neither have we seen a receipt that confirms that any transaction actually took place.
We have received a letter from the Citizens Advice Bureau, requesting that we reimburse the tenant the �1000 by 26th August or face legal action.
What is our legal position regarding this. I cannot see how we can persue the agent as we never gave her any money. I have no receipt to show that any money changed hands. How should we proceed with the CAB?
Answers
No best answer has yet been selected by londonbarry. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I think this is a matter for a solicitor. If there is no receipt then it would be difficult to prove but the chances are due to the sum of money that it may well have been paid by cheque which is easy to trace.
Is this 'friend' an established agency, or is she a sole trader and it may result in you having to pay your tenants and then pursue her through the courts.
I'd suggest you take some responsibility for your mismanagement of this whole affair and give your tenant back their �1000.
It's hardly their fault you made such a mess of your side of the deal. If you're trying to wrangle your way out of paying you should be ashamed, and have no right to be in business.
Pay the tenant and chase your sister's friend for the money.
Thanks everyone for your replies which is what I thought. I totally agree with In A Pickle that I need to see a copy of the receipt. Another reason for this is that I assumed the deposit was one months rent, but I only charged the tenant �750, of which I paid my sister 10%. I never recalled that it was �1000. I have sent all the details to a solicitor now so I'll see what happens.
Thanks again,
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