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ASK THE EXPERT

As the landlord, am I liable for my letting agents’ deposit mistake?

Our expert has the facts

The Times

Q The letting agents for my rental property forgot to register the tenancy deposit. I know I’m legally required to register a deposit but is it a defence that I relied on professional letting agents?

A Tenancy deposits are covered by Chapter 4 of the Housing Act 2004. Under section 213, any tenancy deposit which is paid to a person in connection with an assured shorthold tenancy must, from the time when it is received, be dealt with in accordance with an authorised deposit scheme. Penalties for non-compliance can be severe. Under s.214(4) of the Act, a landlord who fails to register in time can be ordered to repay the deposit plus a penalty of up to three times the deposit. And under s.215, the