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thegordo

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  1. Ok, I moved into this property near 2 1/2 yrs ago. The person whom I signed the original tenancy agreement with was living in the property, acting as an "agent" for the landlord. They took a deposit from me, which was noted on the agreement, signed, dated. I did not know about the TDS as this stage. The "Agent" lived at the property, dealing with any untoward problems, and letting rooms to other tenants etc. In Dec 2009 the agent decided to leave the property, keeping deposits they had taken from tenants including myself. The Landlord then stepped in to take over the role, and I signed a new AST agreement with them for 6 months. During this time I fell behind on rent payments, due to work & dss problems. The Landlord then decides enough is enough and issues notification of a section 8 notice, then another. finally ending up in a section 21. So here-in lies my question, I have now recieved the notification from the court, inside it on Q9, (subsection a) is the question "A money deposit was received on or before 6th April 2007. to which they have ticked "NO". A follow up to this is noted on the page " although the tenancy agreement provides for a deposit of two weeks rent, no deposit was actually taken by the claimant by the defendant. So based on your wide-ranging knowledge of the system, where do you think I stand. This original "Agent" was surely acting in good faith for the landlord, and renting the property on their behalf ? They have gone down the country, no forwarding address, or contact number. Is this Section 21 legally valid based upon the original deposit not being paid into an TDS, did the landlord have an legal obligation to ensure that all deposits were dealt with in the correct & legal manner by their assigned agent ? I am obviously highly interested to hear your point of views, experiences, and the like, given that this is not a straight forward state of affairs. Thank you for reading and getting this far. Any help would be of course gratefully accepted. G.
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