Will we be able to get our deposit back?

BitterAndTwisted

Well, I sincerely hope that you have been onto the DPS website and disputed the total deposit amount so the landlord will have to justify attempting to take a single penny from your deposit.

Please don't tell me that you haven't done this yet!

bramble1

I've not yet, it said my contract it would take 1 month to return the contract, so we gave it a month, didn't hear anything so asked for deposit back and was given a voicemail on the 7th (month ended on 3rd) saying they'd have to make deductions for a few things and we'd hear the amounts soon, well it's been a week and we've not heard anything.

I've been in touch with the TDS and they adivsed to write to ask for deposit, I've got the dispute forms and am now thinking i am gonig to have to dispute the entire amount.

BitterAndTwisted

Yes, dispute the whole amount then they cannot deduct anything from your deposit whatsoever without having proof of what the deductions are for, then it will have to go to arbitration if you dispute any of these potential deductions.

You are in a very strong position indeed, so please do not falter!

bramble1

Right so the next step would be to file a dispute with The TDS, forms i can fill in tonight and send tomorrow, so they should have them by next week. And see what goes from there.

BitterAndTwisted

Yes, and please ensure that you send the forms back by Recorded Delivery, then there can be no denying that you did actually send them back.

bramble1

Send the forms to TDS by recorded delivery? Do i need to tell the agent i am going to dispute the thing.

Just spoke to another agent who suggested writing to the agent and demanding back the depoist in full as it has been over a month and they can no longer advise us of any deductions they want to make as they've breached their contract which states they will inform us within a month, and obvious the TDS advises they tell us within 10 days...call their bluff sort of...of would it be better to go straight to TDS. Obviously my feeling is that they can't be bothered to sort this out so would probably try and fob me off if i did send them another letter.

BitterAndTwisted

I wouldn't bother trying to communicate with the LL or LA at all now otherwise you risk opening the door to more delaying tactics. Just send the forms back by Recorded Delivery disputing any deductions whatsoever, then just let them figure out what they're supposed to do. A little patience and playing the game absolutely by the rules should reward you in the end.

bramble1

Thank you, with the form when it asks why the amount is being disputed do i just say not informed of any deductions, won't return deposit?

Fire_Fox

Sounds like you are suggesting there ought to be deductions. I'd say something like "Tenancy terminated on xxxx. Landlord has failed to release deposit, no explanation given. Recorded delivery letter sent xxxx, no response received."

bramble1

Brilliant, thank you, so just say the deposit hasn't be release asked for it back, no response etc etc.... I told the dispute people i received the voicemail, so they have it on file about that i think...