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  • FIRST POST
    • creechitup
    • By creechitup 12th Oct 17, 11:50 PM
    • 5Posts
    • 2Thanks
    creechitup
    Getting tenancy deposit back despite no deductions from landlord
    • #1
    • 12th Oct 17, 11:50 PM
    Getting tenancy deposit back despite no deductions from landlord 12th Oct 17 at 11:50 PM
    Dear All - i'm struggling to get my security deposit back from a flat i rented for 4 years. The landlord and I are on good terms, and he's agreed there should be no deductions. But the letting agents that manage the property have completely ignored both my and the landlords requests (repeated phone calls and emails spread over 41 days since the end of tenancy). The deposit is also registered with TDS.

    What should i do? What options do i legally have to get them to act? It doesn't seem like there's a dispute, so TDS can't act in this case?

    Would really appreciate any advice!
Page 1
    • Ms Chocaholic
    • By Ms Chocaholic 12th Oct 17, 11:52 PM
    • 8,757 Posts
    • 54,295 Thanks
    Ms Chocaholic
    • #2
    • 12th Oct 17, 11:52 PM
    • #2
    • 12th Oct 17, 11:52 PM
    I was of the understanding that you just applied to TDS for the return of your deposit.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • GrumpyDil
    • By GrumpyDil 13th Oct 17, 6:16 AM
    • 107 Posts
    • 63 Thanks
    GrumpyDil
    • #3
    • 13th Oct 17, 6:16 AM
    • #3
    • 13th Oct 17, 6:16 AM
    Yes. Log onto the TDS website using the details that were provided to you and put in a request for the deposit to be returned to you. Landlord then has a set number of days to reply with proposed deductions and if they do not propose any then the deposit will be automatically released.
    • Comms69
    • By Comms69 13th Oct 17, 10:07 AM
    • 1,269 Posts
    • 1,032 Thanks
    Comms69
    • #4
    • 13th Oct 17, 10:07 AM
    • #4
    • 13th Oct 17, 10:07 AM
    Just bare in mind OP your landlord can return your deposit to you at any time, simply by giving it to you. Why they're hiding behind the agency is a mystery!
    • FBaby
    • By FBaby 13th Oct 17, 10:14 AM
    • 16,122 Posts
    • 40,022 Thanks
    FBaby
    • #5
    • 13th Oct 17, 10:14 AM
    • #5
    • 13th Oct 17, 10:14 AM
    Nothing hhappened because they don't have to. What they have to do is respond to your request via the website. Log in right away and flow the process
    • creechitup
    • By creechitup 13th Oct 17, 10:25 AM
    • 5 Posts
    • 2 Thanks
    creechitup
    • #6
    • 13th Oct 17, 10:25 AM
    • #6
    • 13th Oct 17, 10:25 AM
    But the only option i can see on the TDS website is to initiate a dispute, rather than simply ask for a refund. I presume that's what you all mean when you say i should start the process with TDS?
    • Comms69
    • By Comms69 13th Oct 17, 10:29 AM
    • 1,269 Posts
    • 1,032 Thanks
    Comms69
    • #7
    • 13th Oct 17, 10:29 AM
    • #7
    • 13th Oct 17, 10:29 AM
    Yes, Start a dispute or simply tell your LL to give you the money and sort out HIS agent.
    • G_M
    • By G_M 13th Oct 17, 12:04 PM
    • 42,280 Posts
    • 49,120 Thanks
    G_M
    • #8
    • 13th Oct 17, 12:04 PM
    • #8
    • 13th Oct 17, 12:04 PM
    Is your deposit registered in the TDS insurance scheme? If so, the money is being held by your landlord, or by his agent on the LL's bahalf.

    Since you are on good terms, contact the LL politely asking for the return of the deposit in the next 5 days since he's agreed that no deductions are to be made. Point out that any issue between him and his agent is a matter for him to resolve (probably via a direct written instruction to his agent).

    Make him aware that you do not wish to raise a dispute, but that if he does not return your deposit, that is the ony alternative you have.

    If this goes nowhere, write a formal letter to the LL. 'Letter Before Action'.
    • 00ec25
    • By 00ec25 13th Oct 17, 12:15 PM
    • 5,559 Posts
    • 4,954 Thanks
    00ec25
    • #9
    • 13th Oct 17, 12:15 PM
    • #9
    • 13th Oct 17, 12:15 PM
    What should i do?
    Originally posted by creechitup
    your best bet is to do as GM suggests and deal direct with the LL

    I take it you have not read the TDS website properly? Such as the guide to "I can't contact one of the parties"
    https://www.tenancydepositscheme.com/tenants-documents-and-forms.html
    What options do i legally have to get them to act? It doesn't seem like there's a dispute, so TDS can't act in this case?
    Originally posted by creechitup
    "I have the contact details for the parties, but one or both of them are not responding. Can TDS still resolve this dispute?
    There is a difference between one of the parties choosing not to respond when contacted by the deposit holder, and the deposit holder not being able to contact them at all because of a lack of available contact details.
    TDS can take on a dispute providing we have the means to contact all of the parties – such as a postal address or an email address. However, if TDS’ letters were returned or emails bounced back as undeliverable, we would have to decline to adjudicate."


    However note the time limits clearly explained in the guide for the above
    • creechitup
    • By creechitup 15th Oct 17, 8:53 PM
    • 5 Posts
    • 2 Thanks
    creechitup
    Thanks everyone, i'll try to chase my landlord more. He's been a great landlord and a decent guy, and i'm certain he's made a big effort with the agent, hence my hope that there was an alternative way to pressure the agent.
    • cjdavies
    • By cjdavies 15th Oct 17, 9:03 PM
    • 2,844 Posts
    • 2,874 Thanks
    cjdavies
    Thanks everyone, i'll try to chase my landlord more. He's been a great landlord and a decent guy, and i'm certain he's made a big effort with the agent, hence my hope that there was an alternative way to pressure the agent.
    Originally posted by creechitup
    I wouldn't, it's been 41 days, straight onto TDS site.

    He doesn't care it's not his money.
    • creechitup
    • By creechitup 16th Oct 17, 9:18 PM
    • 5 Posts
    • 2 Thanks
    creechitup
    Fortunately, telling the agent that i was about to start a dispute with TDS did the trick. They paid immediately!
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