deposit problem

Tenancy Deposits

i employed an agent to find a tenant and manage the property for me, he did this and collected a deposit off the tenant, at the end of the six months agreement i informed the agent that i was taking over the management myself and could he transfer the deposit to me he never did, i gave the tenant a new aggreement but i nor the tenant never received the deposit back, the tenant has now left the property and has taken legal advice, the agent never placed the deposit in a protection scheme. Just wondered where i stand legally with this thanks