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advice needed plz getting deposit back

Hi,

I need advice and help to deal with getting deposit back

in 2008 I rented a flat from a private landlady and everything was fine , and in 08/2010 she put the flat on sale , and in 10/2010 the sale was completed and the flat was transfered to a new landlord which is represented by an agent , the old landlady told me that my deposit was transfered to the new landlord with the sale and when I move out I should claim it from them , and actually I have moved out and I asked the agent for the deposit and they said that they dont hold it and I have to go back to the old landlady and ask her for it !!! and I did so I contacted her and she was surprised because what she knows is that the deposit was passed to them !!! and she told me that she will contact and ask her solicitor to look again on the sale paper ... about a week now and still waiting for her replay after the solicitor come back to her

now Im very confused who hold my deposit ??? and scared to lose it and its a lot of money , I really dont know what to do if both of them old and new landlords insist that they dont hold my deposit ?!

to let you know the deposit is protected with mydeposits scheme by my old landlady and have the confirmation letter signed by both of us

I would be very grateful if you can help and advice me what to do and how can I get my deposit back whitout any dispute

Thank you
«13

Comments

  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    :(:(:(:( help me plz
  • booter
    booter Posts: 1,677 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Is this the organisation:
    http://www.mydeposits.co.uk/tenants/tenant-disputeresolution.htm
    if so, give them a call - 020 8275 3260 is the geographical number given by https://www.saynoto0870.com.
    I've no experience of this organisation personally, but I'd advise you to get all your paperwork together, so you can provide evidence if necessary. Hope this helps.
  • poppy10_2
    poppy10_2 Posts: 6,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The legalities: [for TDSL read Mydeposits]:
    TDSL has stated unequivocally that it will not allow transfers of the deposit protection between landlords, despite the provisions of the HA 2004.
    In support of this approach, TDSL cites rule A4.1 of its scheme rules, which provides that membership is not assignable. In most instances, however, it would not be the membership itself that the vendor would want to assign, but rather the benefit of the protection relating to particular deposits.
    Transfer of deposit protection would appear to be prohibited by the TDSL rule A1.3, that the landlord must be named on the tenancy agreement. This rule also applies where the deposit is held by an agent and it is the agent that is the member of the scheme, rather than the landlord.

    TSDL's website suggests that deposits protected by TDSL may be "unprotected" where protection of the deposit has been transferred to another authorised protection scheme, but states that the agreement of the scheme administrator is required for any transfer. There is no provision in the scheme rules for a transfer of deposit protection to another scheme.


    The only solution offered by TDSL is that the vendor should terminate the existing AST, and the purchaser should then set up a new tenancy. This solution is not satisfactory. It is not possible to terminate an AST during a fixed term or within the first six months. The solution requires the purchaser to take the risk of buying a property with no income stream.

    In plain English: MyDeposits (TDSL) is an insurance-based scheme: the landlord keeps hold of your deposit, but TDSL agrees to pay out if the landlord fails to return the deposit when they are supposed to.
    TDSL have stated that they do not allow transfer of the insurance coverage from one landlord to another. Therefore when (if) your old landlady handed over your deposit to the new owner, this was not covered by any insurance scheme.

    Someone is liable here, it's one of the two landlords, but it's hard to work out who. I would go after the old landlady. If she has no paperwork to prove that she handed over the deposit to the new owner, she's probably the most vulnerable to a small claims court filing.

    EDIT: did you get a new contract when the new LL took over the lease?
    poppy10
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    thank you booter for the info

    thank you poppy for the info , and no I didnt get a new contract from the new LL as they knew that I want to move out at the end of the old tenancy after 2 months
  • poppy10_2
    poppy10_2 Posts: 6,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Then you still have a contract with the old landlady - sue her for 3x the deposit.
    poppy10
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    but she did the protection and the confirmation letter is signed by both of us
  • poppy10_2
    poppy10_2 Posts: 6,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    kanari wrote: »
    but she did the protection and the confirmation letter is signed by both of us
    The protection was voided when she passed ownership of the property to the new owner, as explained above.

    Tell her to give you the deposit back (she can chase it up from the new owner herself if she wants to), or you will make a claim for 3x the deposit for not ensuring your deposit is covered by a valid scheme.
    poppy10
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 3 February 2011 at 12:21AM
    ok I undestand now , but one more thing when I check for the deposit if its protected with mydeposits the result is yes
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    thank you very much poppy for your help and advices
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    poppy10 wrote: »
    Then you still have a contract with the old landlady - sue her for 3x the deposit.
    I don't think it is at all that clear cut. If OP pays rent to the new Landlord, then it could be argued that the contract is with the new Landlord and that OP has acquiesced.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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