Sack current property agent UK - what happens to tenant deposit?

Dear all,

I am at my wits end with my current property management agent in the UK and I don't trust them any longer to properly manage my house in the UK - latest mess being that the tenancy agreement has run out on the 6 month term in April and despite numerous calls and emails it still has not been renewed! Got in touch with the tenant directly who states the agent still has not been in touch about renewal but she wants to stay in the house for the forseeable future and she is also concerned about the non-renewal. I want to get rid of them and ask a friend in Liverpool to take over - would rather pay her the money per month to oversee the rental as at least I know she would make sure everything was taken care of and above board.

However, my tenant paid the agent a deposit of £500 at the start of the tenancy and I am looking for advice on what the situation would be if I sacked the agent and asked my friend to take over. Would the agent have to refund the deposit direct to the tenant who would in turn pay my friend the deposit? I am very happy with tenant and she in turn is happy to keep renting the house - would it be simple enough to terminate the services of the agent and continue with my friend taking over as psuedo landlord??

All advice and experiences would be much appreciated.

Kind regards

LL

get the tenant to give her notice to the agent and for her to get her deposit back. then do a new tenancy agreement directly between yourself and her and get your friend to be the point of contact for repairs etc. also get the tenant to set up a direct debit to pay rent into your account so there is no collection of rent.

The UK government have set up special schemes for dealing with tenants deposits fairly for both parties and most reputable agents would suggest that you use these.

Details are here:
http://www.direct.gov.uk/en/TenancyDeposit/DG_066383

If the agent didn't suggest that you use the above, then that should have set alarm bells ringing!

You have to be very careful in choosing agents...you can get good ones and bad ones and it is better to have a good one if you are living a long way away from the rented property.

Many thanks for the replies, much appreciated.

I spoke direct to my tenant who confirmed she only just received the tenancy agreement from the agent on Friday last, I asked her to send it to me direct as I do not trust the agent to forward it to me in a timely manner.

On re-reading the original contract I signed with the agent there was a clause in it that stated that I was liable to pay the agent the agreed commission as long as the tenant found by them was living in the property regardless if they were managing the property or not!! I know, its my fault for not reading or anticipating the outcome properly - I sent them an email threatening to remove the property from their books on breach of contract (also in the contract it stated they would contact me 2 months prior to the end of the original tenancy agreement confirming I wished it to continue which they did not do - neither did the tenant receive any correspondence from them to state the tenancy was to be renewed!). I also stated in the email that they should waive the renewal fee of £35 +VAT for new tenancy agreement as a gesture of goodwill if I decide to retain their services - ideally I want to get rid of them totally but feel a bit trapped by that clause - what do other people think? Would I have a case for going with a new agent or someone else??

Any thoughts appreciated,

Kind regards

LL