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Forum Spotlight: Who should protect the deposit-landlord or agent?

Victoria Barker
Written by Victoria Barker

A landlord member posted in our Forum recently with a question about tenancy deposits.

The landlord is using an agent to rent a house to three couples. He knew that he had to obtain signed confirmation that all tenants have been given prescribed information plus a How to Rent guide. However when it came to protecting the deposit, he was unsure who should protect it, himself or the agent.

He posted in our Forum seeking advice from other landlords about what he should do.

What other landlords said

One member began by saying that they prefer to protect the deposit themselves, saying that it helps to know that this has definitely been done and they themselves hold the evidence.

Another member echoed this view, saying that it’d be wise for this member to enrol on the Deposits and Inventories e-learning course, run by the RLA, so they can learn more about what they’d need to do to protect a deposit themselves.

Response from our Landlord Advice Team

It is up to the landlord whether they protect and manage the deposit themselves or ask the agent to do this.

However, it is important to note that were there to be any breaches, an an agent was to fail in the responsibilities, the landlord will be liable for the penalties of this.

If the landlord decides to instruct the agent to protect the deposit, then they must ensure that the agent provides them with evidence to show that they have dealt with the deposit in the correct way.

Find out more:

About the author

Victoria Barker

Victoria Barker

Victoria is the Communications Officer for the RLA.

She is responsible for producing articles for our Campaigns and News Centre, the weekly E-News newsletter and media review, and creating social media content. She also contributes to our members magazine, Residential Property Investor.

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