My partner and I have been living as private tenants in the same flat since 2006. We rented initially throgh a managing agent. Around two years’ into the tenancy the loandlord defaulted on his mortgage and receivers were appointed. Our tenancy was trnasferred across to another agent. A few years later, another receiver was appointed along with a third lettings agent. In December, we received notice of possession from the agent due to the receivers looking to sell. Upon informing the agent of our move out date, I enquired about the deposit (we paid one month rent as deposit to the oroginal agent back in 2006) and I was informed that they don’t hold the deposit and to contact the orignal agent. The original agent are now trading under a different name, and when I contacted them, they informed me that everything would have been passed to the agent who took over from them initially, also citing that since it’s been over 5 years since we worked with them that there would be no record of our relationship from their end.
It seems that none of the agents have our depost!
I’ve since informed our current agent that we are withholding the last month rent due to the fact we won’t be getting our deposit back. They have informed me that we will be expected to pay rent up to date and suggest we pay to avoid them pursuing us. I have also emailed them our orginal deposit receipt.
I guess the advice I’m after is am I within my rights to withhols my deposit in light of this situation?