Unable to get deposit from Landlord after moving out!

noms25

Hi, I wonder if anyone is able to give me advice.
Im sorry for the detailed story....

I moved out from my rented flat in July 2010 after living there for over 2 years with no problems with the landlord.

After moving out and giving our forwarding address to the LL we hadn't heard from him after 6 weeks about returning the deposit.
I rang his office and spoke to his secretary who said that we were getting the whole deposit back but had lost our forwarding address and apoligised and said that they were posting the cheque to us that day!

After 2 weeks, hadn't received the cheque so rang the the LL office and spoke to the same secretary who apoligised again saying that she had mislaid our address, and promised me that it would be sent straight away.

Received a cheque for the full amount of the deposit by the end of september. I deposited the cheque into my bank account about 10 days later in October. But the bank then returned the cheque to me later that week saying that it had been cancelled by the issuer. I rang the LL and managed to speak to him directly who said that he had changed this business account from where the cheque was issued from to another bank and had forgotten to let me know. But then said that he would directly transfer the money into my account that day.
Its now the end of november and still no money!

Have been ringing his office on a weekly basis up till now but keep getting the answer phone. I have left a message every time leaving my contact number.
Im getting very frustrated and angry, but I dont know what next step to take!

noms25

I forgot to say that looking over my old contract my deposit is safeguarded by the Tenancy Deposits Solutions people, do I go through them??
Unfortunately I have lost the certificate with our account number on it, does that matter??

Many thanks

BitterAndTwisted

The landlord either has no money to pay you or they are stringing you along. By law the deposit should have been lodged in one of the three approved deposit-protection schemes.

I view of the landlord's actions I would write a letter to the landlord headed "Letter Before Action" mentioning the cancelled cheque and telling them that in view of the non-protection of the deposit you are giving them 14 days to return your monies or you will start a proceedings in the small claims court.

Presumably there was an inventory at the start and end of your tenancy to prove the condition of the property when you handed it back?

noms25

To be honest I have a sneeky suspicion that he might have gone out of business. As previously I had no problems in contacting him before now.

There was an inventory at the start of the tenancy but not at the end.

But I did take photos of the flat when we I moved out to keep proof of the condition of it when I left.

tbs624

OP says that deposit is lodged with TDS - this allows the actual money to be retained by the LL, with protection being afforded by an insurance policy.

noms25 - you can either go via court or via the TDS , opening a dispute process. Phone TDS and get things under way.

noms25

thanks, Im going to speak to tds today

noms25

Just found out after looking on the TDS website that once you have permanently vacated the property you have three months only to raise a deposit dispute. And its been 6 months now when I moved out!