Return of Deposit

Smick100

My wife and I finished a lease one month and five days ago and we had paid a deposit of £1,800.

Upon terminating the lease we asked for the deposit back and were told we had to make a claim through Deposit Protection.

We had to get our Repayment ID from Deposit Protection so we put in a claim. It has been over two weeks since we have done this without response.

We hired through an estate agent and the estate agent is now saying that they need response from someone called Luke before they can release a deposit. We have no idea who Luke is, other than that they are saying that the landlord has appointed him as a representative. Luke has never been mentioned until now.

Our tenancy agreement says that any deductions from the deposit must be advised within 14 working days of lease tenancy. Long since passed.

We did not sign the inventory when we moved in as we did not agree with it but were told that this would be fine.

We had nothing but trouble in the place. Broken heating, mice, sewage problems leading to a smell of faeces.

My wife is eight months pregnant and we have had to stump up for a deposit on our new place so money is tight.

What do people advise we do?

G_M

What is the address on the tenancy agreement for the landlord?
Write to the LL at this address, recorded delivery, and copy the agent asking for your deposit to be returned by return of post.

Smick100

Well, I know that the landlord is in Abu Dhabi so there is no point in writing to him. The tenancy agreement says that notice may be served on the property management company, which is also owned by the estate agent. I got the impression they tried to keep us apart to prevent us from arranging terms outside of the tenancy agreement.

I have emailed the property management time and time again and keep getting the answer that Luke has to make a decision.

Luke is not the name of the landlord.

If I go to https://www.moneyclaim.gov, can I make a claim to the address of the property management company or is it now that Luke is involved that he has to be served with a notice?

The deposit is with the DPS. I am not sure the landlord had anything to do with that and I know he is not in the UK although I have a c/o address in Merseyside.

G_M

If the deposit is with DPS, look at their website and follow the 'single claim process'.

How do I reclaim a deposit when the other party is not contactable or is not responding to communications?

In these circumstances the Single Claim Process is available. This is a method of repayment for use if:

1. the agent/landlord has no current address for the tenant
2. the tenant fails to respond to the agent/landlord’s written notice requiring that the agent/landlord be paid some or all of the deposit within 14 calendar days of the end of the tenancy
3. the tenant has no current address for the agent/landlord
4. the agent/landlord fails to respond to the tenant’s written notice asking whether the agent/landlord accepts that the tenant should be paid some or all of the deposit within 14 calendar days of the end of the tenancy

The Single Claim Process is defined by The Housing (Tenancy Deposit Schemes) Order 2007 - No 796.

Notlob

Why wait for the agent to request the return of the deposit, armed with your DPS ID, request it yourself which puts the onus on the agent to agree or not within 14 days of your request.

Sammy85_2

As above.

Write to your LL/LA at the address you have for them. Do this by recorded delivery. If in 14 days you havent heard anything then start the single claim process with the DPS.

If you have proof that you have written to the LL/LA already then start the process straight away. Bare in mind that you need conclusive proof that you have written to them, like proof of postage, otherwise the LA/LL could say you havent asked them for deposit back.

G_M

I have emailed the property management time and time again and keep getting the answer that Luke has to make a decision.

As posts above and STOP EMAILING. Use Royal Mail recorded delivery.

Smick100

Well, with the emails, which have been responded to, I have a record of our interactions.

I looked for the Single Claim Process on the DPS website. It tells you that you should do it but not how. I am unimpressed with DPS to be honest.

Smick100

Sammy85 wrote: »

As above.

Write to your LL/LA at the address you have for them. Do this by recorded delivery. If in 14 days you havent heard anything then start the single claim process with the DPS.

If you have proof that you have written to the LL/LA already then start the process straight away. Bare in mind that you need conclusive proof that you have written to them, like proof of postage, otherwise the LA/LL could say you havent asked them for deposit back.

We have asked for the deposit to be refunded at a month ago and have been with DPS for over 14 days.

Also, we really need the money. And if they are messing us about, they are going to continue.

What are the legal options?

Notlob

Smick, have you initiated the return of the deposit?

Smick100

Notlob wrote: »

Smick, have you initiated the return of the deposit?

We asked for the money when we left. We were told we had to do so through the DPS. We duly did that and received no response. I have been writing daily to ask for it to be refunded and keep being put off.

The tenancy agreement states that they have to make any claim against the deposit within fourteen working days so I can't see that they can do anything else other than return the full deposit immediately.