Claiming back our deposit 9 months later.

Flashfly

Firstly an apology, I'm sure these questions has been asked before, but I couldn't find the answers I was looking for. So sorry if I'm going over old ground, please can you direct me where to look?

Myself and 3 friends are trying to get our deposit back for a property we moved out of 9 months ago. The property was rented via a high street agent from a landlord. We paid a deposit of approx £1500. When we moved out in Dec 2007 the landlord made a claim for approx £400 for damages/missing items. A housemate, on our behalf, immediately disputed this amount and we offered to pay approx £200 for what we felt was fair. The landlord refused, and was advised by the agent to go to the TDS (The Dispute Service??) which they did not do. My housemate was then advised to go to the TDS to log our dispute. This all occurred prior to March this year and sadly, due to personal circumstances, my housemate was unable to pursue our claim.

So here I am picking up where he left off trying to claim back what I can from our £1500 deposit. I have been in contact with the letting agent and they are looking back through the correspondence between my housemate, themselves and the landlord.

I have a few questions which will help me decide on the next course of action-
1) Is it too late after 9 months to log a dispute with the TDS?
2) If it is, is taking the landlord the Small Claims Court the best option?
3) Does any fault lie with the letting agent?

Thanks,
Flash.

rizla01

Small Claims Court sounds the best option but why not chat to a solicitor.

If you cannot afford one, your local CAB will have one to advise you.

tbs624

I presume that you meant Dec 2007 and that as you mention TDS your deposit was paid after 6 April 2007?

Were you/any of your housemates given the "prescribed information on the scheme by either the LL or the LA, as required by law?

As your housemate was supposed to be dealing with the deposit return, had he been designated as "lead tenant"?

Do you have the paperwork for TDS, so that you can check for yourself what happened with the deposit according to their records.

As you are asking about time limits , did your housemate not actually get around to logging a dispute with TDS?

Here's what TDS says:

The tenants should make their best endeavours to inform the Member if they wish to raise a dispute about the deposit within 20 working days after the lawful end of tenancy and vacation of the property – unless a different period is specified in the tenancy agreement. The ICE (Independent Case Examiner) may, subject to paragraph 8.9, regard failure to do so as putting the dispute out of time and refuse to accept it if subsequently asked to resolve it.

You need to understand that the LA acts for the LL, not as an impartial 3rd party, and that it is the LL who is ultimately responsible for the return (or not) of your deposit.

You will need to gather all relevant facts together and then write a Letter Before Action to the LL, before starting court proceedings for recovery.

pinkshoes

Just send a letter, recorded delivery, to the landlord, giving him 7 days to return the full deposit minus £200 for damages, otherwise you will be claiming back your deposit through the small claims court.

If the cheque doesn't arrive, then start small claims court proceedings. I've never had a LL who hasn't coughed up at the threat of court...

Flashfly

Thanks for the replies.

tbs624 wrote: »

I presume that you meant Dec 2007 and that as you mention TDS your deposit was paid after 6 April 2007?.

Yes, the deposit was paid in July 2007.

tbs624 wrote: »

Were you/any of your housemates given the "prescribed information on the scheme by either the LL or the LA, as required by law?

No, I don't believe we were. I will ask the LA about this later today.

tbs624 wrote: »

As your housemate was supposed to be dealing with the deposit return, had he been designated as "lead tenant"?

Not as far as I know, but will check this with the LA too.

tbs624 wrote: »

Do you have the paperwork for TDS, so that you can check for yourself what happened with the deposit according to their records.

No.

tbs624 wrote: »

As you are asking about time limits , did your housemate not actually get around to logging a dispute with TDS?

Sadly I don't believe he was able to.