DOn’t you mean, there is no fee due as they won’t be able to prove it from the missing paperwork?
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I would take legal council. Under the OFT it may breach fair terms .
Foxtons lost their case in a ruling charging annual retention fees in perpetuity ( OFT vs Foxtons )
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Sorry predicted. You are 
correct
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Open an deposit account for the tenant, get the tenant to write or email you with permission to transfer the deposit to a new account in both your names for the property. They should have a deposit certifcate and reference.
Having done that write to the agent and request them to transfer to this account.
Meanwhile seek legal council.
Let us know what happens
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my friend checked lettings agent bank statement showing charges for this property as part of property sale. you will not believe this agent charged the seller £36 annually to keep deposit. on top of 10% property management charges monthly. i do not understand how they can justify £36 per year when they r keeping tenancy deposit and schemes only charge one off fee to protect. i know £36 is small but not justified.
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after tough talking and ombudsman complaint warning, agent has sent the tenancy deposit to new ll. that was quite a struggle-and new ll had to protect deposit and send agent the certificate and then get the deposit from agent. huge lesson learnt for tenant in situ purchases:buyer should refuse to deal with estate agent and insist on tenant details and deposit to be part of sale completion. in my friend case, agent had proposed that buyer contacts them ‘directly’ after completion. buyer should not have agreed. any contact with lettings agent must strictly be avoided. i guess my friend trusted the professional body of estate agent. all good now. phew. thanks for your help and advice all.
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Glad that situation worked out but it does make me wonder why the solicitor handling the purchase didn’t know to bring this to your friends attention. What else may have been missed ?
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thanks. i blame my friend here. he asked for rent transfer but inspite of me saying tenancy deposit handling, he did not say that to solicitor. solicitor had told my friend he will not deal with tenant -in-situ proactively, and so my friend did all due checks and got all tenancy documents via solicitor, but failed to ensure deposit was part of sale money transfer. he was focusing on tenant but tenant turned out to be perfect, agent was not perceived an issue. agent rep herself said now that tenancy deposit should have been handled as part of sale, whilst, before completion she said that tenant details she will give after completion; and after completion, inspite of several reminders agent did not give tenant details. keys were given. beware of letting agents everyone. v bad experience
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