Transfer of prescribed information

Tenancy Deposits

Hello All,

I have taken over the deposit from agent 1 after moving to agent 2. Agent 1 has let us down after 4 years of not educating the tenants on moisture/damp. Whilst equally pulling the wool over the tenants eyes with ‘it’s an old house what do you expect’. I have a damp report - no rising/penetrative damp, familiar story to NRLA members I’m sure.
Agent 2 has the DPS certificate, but works with the TDS and has requested money transfer to their system. Exasperated with both agents inability/reluctance to work together I have transferred the deposit to my DPS account, after the DPS had advised that as its a continuation of a periodic tenancy agreement ‘I’m good to go’. I’m not confident with their statement.

The DPS states prescribed information is given at the start of the agreement as well as the DPS T&C’s being given. I do not have the prescribed information or the T & C’s version that was given to the tenants.

What I do have, is Agent 1’s tenant signed check list, where the tenant has signed for both these documents (as well as the AST, inventory, EPC, GSC etc).

Agent 1 is not being cooperative.

I am worried that I don’t have the evidence to gain possession. What can I do to rectify if this?

Regards

Yan