Tenancy deposit transfer issue

Tenancy Deposits

Good afternoon all,

We are have recently taken over management of a tenancy where the tenant paid rent and deposit tothe previous letting agent, who lodged the deposit in the DPS as a custodial deposit. The landlord has then had to go to court to take back control of the property after non rental payments by the managing agent. This notice has been acknowledged and we have set up a new tenancy with the current tenant, with the old tenancy null and void.

However, we are still awaiting the deposit to be transferred to our DPS account by the old managing agent. Multiple attempts at contact have been made. 

Where does this leave the landlord in reagrd to liability to pay back the deposit at the end of the tenancy? The landlord will be contacting DPS when time zones align as they wont speak to ourselves directly.

I thought I'd post this in the mean time to see if anyone has any experience with a similar issues, and how it was resolved? My thoguht would be that unfortunately the tenant will need to take action agaisnt the old managing agent, and report to the DPS should they continue with non correspondance and non transfer of the deposit.