Getting my TDS deposit back

HGLTsuperstar

I'll try and keep this brief:
Moved out on July 18 after agreed notice, deposit held in TDS. Dropped keys back to letting agency with, as they told me to do earlier in the week, my forwarding address and bank details. Was told they would be going round to do an inventory etc within the next day or so and my deposit would be in my my account in about 10 days and I'd get a call to confirm this.
Have heard nothing and no money so rang them this morning- they say its nothing to do with them and that my ex-landlady is doing her own check-out and denied telling me what they did previously.
Now my landlady got funny when she realised I was moving out and started picking up on things including the flowers hadn't been watered and that was a breach of contract!!! The place was left spotless - better than when I moved in.
The agent did say something about LL was having work done on the place before new tenants moved in - but surely that's nothing to do with me and my deposit.
Anyway have looked into TDS and see I should have got it back within 10 days or at least be notified of any points to quibble over (which I'm sure she will have) so where do I stand now?
Help please!
Obviously I'll try ringing her today but to say she is hard to get hold off and even harder to have a decent conversation with is an understatement and it seems, by law, she's already outside the time frame?

RHemmings

It sounds like you have precisely the kind of landlord that the TDS was designed to protect you against. It will be interesting to hear how things pan out, please keep us informed.

Premier_2

HGLTsuperstar wrote: »

I'll try and keep this brief:
Moved out on July 18 after agreed notice, deposit held in TDS. Dropped keys back to letting agency with, as they told me to do earlier in the week, my forwarding address and bank details. Was told they would be going round to do an inventory etc within the next day or so and my deposit would be in my my account in about 10 days and I'd get a call to confirm this.
Have heard nothing and no money so rang them this morning- they say its nothing to do with them and that my ex-landlady is doing her own check-out and denied telling me what they did previously.
Now my landlady got funny when she realised I was moving out and started picking up on things including the flowers hadn't been watered and that was a breach of contract!!! The place was left spotless - better than when I moved in.
The agent did say something about LL was having work done on the place before new tenants moved in - but surely that's nothing to do with me and my deposit.
Anyway have looked into TDS and see I should have got it back within 10 days or at least be notified of any points to quibble over (which I'm sure she will have) so where do I stand now?
Help please!
Obviously I'll try ringing her today but to say she is hard to get hold off and even harder to have a decent conversation with is an understatement and it seems, by law, she's already outside the time frame?

Which exact TDS is the deposit secured with? They all work slightly differently, but the one I'm familiar with means the tenant and LL both contact the service to ask/acknowledge the return of the deposit. If (I think) after 14 days (10 working days) one side hasn't responded, the other side automatically 'wins'. The 14 day period is for either party to lodge or argue against the disputed amount and the non-disputed remainder (if any) is returned.

Have you contacted the TDS concerned to request your deposit back if this is their procedure?

However, if it's this one, http://www.thedisputeservice.co.uk/ it's slightly different as it is one of the insurance backed schemes. (so the deposit is not actually held by them until such times as a dispute arises)

moneysavinmonkey

that was a helpful post premier - i knew you could be useful sometimes. :T

There are three tenancy deposit schemes:

The Deposit Protection Service
Tenancy Deposit Solutions Limited
The Tenancy Deposit Scheme


Your landlady/agents should have told you in writing which scheme your deposit is registered with + given you a reference number + informed you what the process was for returning your deposit/any dispute etc. Check your all your paperwork + tenancy agreement.

If you don't have any of this information then technically the landlady/agents are breaking the law. The deposit may be registered still, just they haven't given you all the correct information as the law is new and agents aren 't legally trained so don't always (usually!) get it right.

Next step is ring around the deposit schemes, give you name, address + tenancy start date and if the deposit is held with them they will be able to tell you and help you with claiming it back - should be fairly swift from then on.

more info on TDS schemes + links to contact details here:
http://www.direct.gov.uk/en/TenancyDeposit/DG_066391
--

If it turns out your deposit isn't registered, and you still haven't got it back then you will have to go to make small claims court action against your landlady to get your deposit back. At this point you can also put in a claim for 3x the deposit amount which you will be awarded if the landlady does not protect your deposit (by the court hearing apparently, although this seems grossly unfair to me) People on here can help you more with this if that is the route you have to go down.

tbs624

Contact TDS and tell them that you are writing to your LL to formally request the return of your deposit and ask them to note that there may be a dispute.

Then write to the LL (rec delivery or by hand, keep a copy) along the lines of
"re tenancy of 10 xxxx st & give dates. I moved out on xxxxxxx having left the property in the same condition as it was at the start of the tenancy, fair wear& tearexcepted. I confirm that I have taken final meter readings & arranged to pay all utility bills up to date. Would you please arrange for the return of my deposit within the next 5 working days" It's best if you don't deal with deposit issues over the phone or if you do so initially then always follow the call up with a written confirmation of your understanding of what was said. If the LL wants to make any deductions they have to be justifiable ones, she has to put them in writing to you and you can challenge her if you think you have grounds to do so.

Was there an inventory done at the start of the tenancy?

Shelter's guide here will probably be of help: http://england.shelter.org.uk/__data/assets/pdf_file/0003/23385/Shelter_guide_deposit.pdf

HGLTsuperstar

I have emailed and sent a recorded delivery copy of the letter to LL pointing out that it has been over 10 days and also I did not receive the necessary details when signed the initial contract. I'm getting the impression that, if I hadn't rung the agents today, she was just hoping I'd "forget" the "small sum" of £625! So she'll get the letter tomorrow and I'll update you all then.
Thanks everyone, it's much appreciated.
Holly xxx

zebulon

HGLTsuperstar wrote: »

I have emailed and sent a recorded delivery copy of the letter to LL pointing out that it has been over 10 days and also I did not receive the necessary details when signed the initial contract. I'm getting the impression that, if I hadn't rung the agents today, she was just hoping I'd "forget" the "small sum" of £625! So she'll get the letter tomorrow and I'll update you all then.
Thanks everyone, it's much appreciated.
Holly xxx

well done - super efficient :T

Premier_2

HGLTsuperstar wrote: »

I have emailed and sent a recorded delivery copy of the letter to LL pointing out that it has been over 10 days and also I did not receive the necessary details when signed the initial contract. I'm getting the impression that, if I hadn't rung the agents today, she was just hoping I'd "forget" the "small sum" of £625! So she'll get the letter tomorrow and I'll update you all then.
Thanks everyone, it's much appreciated.
Holly xxx

I'm confused. In your OP you stated the money was held in TDS. Now you say you don't have the information

If it was the TDS that I posted a link to, the LL would still have the money (but it would be protected by the scheme on an insurance basis)

If it was actually held in a TDS, the LL won't return the deposit since the LL doesn't have it - the TDS custody scheme has it.

Whilst I agree some amateur LLs may not be fully aware of the schemes and their responsibilities under them, it's unlikely a LA doesn't know, especially one that has told you the deposit would be held in a TDS.

What made you state "deposit held in TDS" in OP?

moneysavinmonkey

HGLTsuperstar wrote: »

I have emailed and sent a recorded delivery copy of the letter to LL pointing out that it has been over 10 days and also I did not receive the necessary details when signed the initial contract. I'm getting the impression that, if I hadn't rung the agents today, she was just hoping I'd "forget" the "small sum" of £625! So she'll get the letter tomorrow and I'll update you all then.
Thanks everyone, it's much appreciated.
Holly xxx

Thanks for update.
Do you now know which scheme your deposit is in? or have you tried to track it down yourself (presuming it is registered with one of the schemes) ?

If you the agents has told you the deposit is 'in' a TDS it's probably the 1st one (deposit protection service) as that is the only custodial scheme - the others are insurance based.

Now you have notified your landlady it would be much quicker if you can find which scheme your deposit is in and make a claim to have it returned through them.

HGLTsuperstar

Nothing to update yet.
To clarify for Premier - I was told it was held in "the TDS", but no I don't have any info on which etc which is one of the points I was making i.e. should have got that within 14 days of signing the contract. So that's why I said in OP "held in TDS".
This has been a bodge between the LA and LL as to who does what it seems - so awaiting LL's reply - have given her 7 days from yesterday's letter else think I may have to pop along to the County Court at this rate.

zebulon

HGLTsuperstar wrote: »

Nothing to update yet.
To clarify for Premier - I was told it was held in "the TDS", but no I don't have any info on which etc which is one of the points I was making i.e. should have got that within 14 days of signing the contract. So that's why I said in OP "held in TDS".
This has been a bodge between the LA and LL as to who does what it seems - so awaiting LL's reply - have given her 7 days from yesterday's letter else think I may have to pop along to the County Court at this rate.

I think you should still in the mean time contact the 3 TDS and find out if it's one of them...