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It shouldn't and yes the tenant is liable, and if the letting agent actually decided to honour the agreement then I wouldn't be out of pocket. The letting agency are being cu&ts about the whole thing and have been through the whole sorry painful episode. They won't give me or don't have a forwarding address for the tenants. A year later and I'm still getting bank statements/HMRC letters and other post for them. I have a lawyer friend who's willing to help me out.
Why would it cost you anything? Isnt the tenant liable, or at least shouldnt they be, if the tenancy agreement has the relevant terms.