Who to claim against
Should I claim against the letting agent or the landlord?
Section 214 lets a tenant bring proceedings against the landlord or any person who appears to hold the deposit, which can include a letting agent.
Usual approach
Many tenants name the landlord, and also the agent where the agent took and held the deposit. Your letter before action should go to whoever you intend to name.
Finding the landlord's details
- Your tenancy agreement should show the landlord's name and an address in England or Wales for notices.
- You can request the landlord's name and address from the agent in writing (Landlord and Tenant Act 1985, s1).
- HM Land Registry title records show the registered owner for a small fee.
Get advice if unsure
Naming the wrong party can delay a claim. If the landlord and agent dispute who held the deposit, consider getting legal advice.
Frequently asked questions
The agent says it's the landlord's problem — is that true?
Not necessarily. If the agent received and held the deposit, it may also be liable.
Can I claim against both?
You can name both where appropriate; the court will decide who is responsible.
How much could you claim?
Use the free calculator to estimate your compensation and generate a letter before action.
Open the calculator