advice on recovery of tenancy deposit

robabdob

I would be very grateful if anyone can help me with some advice. We recently (2 weeks ago) moved out of a rented property and are trying to recover our deposit. The difficulty is that there are a number of organisations involved and each is refering us to the other.

When we let the property the landlord was using a local letting agent (agent A) to manage the property and they put the deposit in a scheme (where it still is to our knowledge). Agent A carried out the inspection before we took occupancy and compiled the inventory. The landlord subsequently withdrew from using this agent and we were asked to refer an issues to another management company (agent based in a different part of the country (I believe the landlord, who owns several properties, has an interest in this business). At the end of the tenancy Agent A were instructed to collect the keys from us by Agent B but another local letting agent (Agent C) has been instructed to carry out the final inspection of the property prior to return of the deposit.


In response to recovery of our deposit, we are being referred from one agent to the other. Can anyone advise us as to who the responsibility for returning the deposit would fall to – is it the agent that put the deposit in the scheme (agent A), the current managing agent (agent or the one doing the inspection (agent C)?!

Fro in we had given appropriate notice (- 2 months - we had moved from an assured shorthold tenancy onto a periodic tenancy) and the property was left in perfect condition.

Thanks

Wee_Willy_Harris

Responsibility for the deposit will always rest with the LL. They may have hired an agebnt to deal with the deposit, but that would still have been done at their request and under his responsibility. WRITE to the LL direct (and keep copies of all letters) and ask what THEY intend to do about returning YOUR deposit. If there is an issue between the various agencies, that is something the LL instigated and something THEY need to resolve.

tbs624

robabdob wrote: »

.....a local letting agent (agent A) to manage the property and they put the deposit in a scheme (where it still is to our knowledge).

Never mind "to our knowledge" Check for yourselves - contact each of the three schemes TDS, DPS and mydeposits - and once you have clarified that bit I agree with WWH that you should contact the LL direct

robabdob

Thanks for the info - much appreciated. I have already written to the landlord but they haven't responded (and frustratingly when I have previously used recorded delivery when giving notice they haven't even accepted the letters!). I will get in touch with the schemes directly though.

Fire_Fox

robabdob wrote: »

Thanks for the info - much appreciated. I have already written to the landlord but they haven't responded (and frustratingly when I have previously used recorded delivery when giving notice they haven't even accepted the letters!). I will get in touch with the schemes directly though.

Hand deliver a letter before action to the landlord with a reliable and trustworthy witness present who is willing to sign a statement saying they saw you deliver the letter. Alternatively send two copies of a letter before action from different post offices, use normal post but obtain a (free) proof of posting. Apparently courts will accept that the copies cannot both have gone astray: note in your letter that you have done this.