No word on our deposit - what next?

Beavis_cat

Hi there

I'm hoping someone here with lots of experience might be able to help me with a query about getting my tenancy deposit back! Would be very grateful for any assistance

Myself and my partner moved into a property with an assured shorthold tenancy agreement in September 2008. Although our contract with the letting agent said that our deposit would be paid into a deposit protection scheme we received no details as to which one. We also received no inventory to sign (the only inventory we were given dated from 2003 (!) - since then other tenants had lived in the property).

We moved out a couple of weeks ago, after giving the contractually required 60 days' notice, leaving with rent fully paid up and the place professionally cleaned. During check out the agent (independent from the letting company) said that she had no details of any inventory, that we'd left the place beautifully clean and that she couldn't see any reason why we wouldn't get our full deposit back.

Despite this, we've not yet heard anything back from the letting agent regarding the return of our deposit, or even where the money is. It's been two weeks now and we really need the cash! I've tried emailing the letting agent numerous times (so I have proof of contact, rather than phoning) but they're ignoring me. In the last email I requested details of the deposit-holding scheme that has been used, and they've ignored me on that too. :mad:

We're really starting to get annoyed - the letting agent had been utterly useless over the years we lived there and this feels like the final straw (in the last month they sent work men around without giving us the relevant notice, they tried to get us out of the house in the morning of our final day, despite the fact we'd paid a full day's rent, so they could get another tenant in, and much more). So my question is: what should our next plan of action be? Should I hold out for a couple more weeks, or should I continue demanding to know which deposit scheme is holding our money and when a decision will be made as to how much we get back? I appreciate it's only been a couple of weeks, but I'd just like some reassurance that things are moving and that we're not being ignored.

Any help gratefully received!

The_Drama_Llama

If you had no details of which scheme your deposit was held with, then maybe it wasn't. There are three schemes which could have your money. First off, I'd check with those as to who has your money...if none do, then you need to write (post) to the Letting Agent, requesting the return of your full deposit.

Marvel1

Forget emails, write a letter or even better go in person at the office.

Have a look here to see if this helps:
Deposit protection schemes for private tenants - problems and disputes
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

2 weeks is long enough, don't wait any longer.

Beavis_cat

Hi both

Great, thank you for the advice! I've checked online with both Deposit Protection Service and MyDeposits; neither of those say they have our money. I'll give TDS a call to see if they have our money; if not, then I'll go and see the agent.

Thanks again!

Beavis_cat

Well, I've called TDS and they can't tell me if our money is with them, because we don't have a the code that you're given on the deposit scheme certificate! So I think a visit to the agent is in order...

dancingfairy

I believe that you can sue the landlord for 3 x the deposit if it wasn't protected although I'm not sure whether you should be chasing the letting agent or the landlord. Do you have any details for the landlord as you should have been given a postal address? I'd be tempted to write to the landlord and copy the letting agents in, explaining that you have tried to contact the letting agents/managing agents on x,y,x dates my email and have yet to have a response and that you want your deposit returned in full with no further delay. You might also want to mention that you have heard that you can sue for 3x the deposit if it hasn't been protected as this might persuade them to give it back to you sharpish before you take legal action
df

Beavis_cat

Well, this is still rumbling on... The letting agents are claiming that the money is with the Deposit Protection Scheme but have yet to provide us with the relevant code :mad:

They have, however, said that we will get all of our money back – 'minus the cost of the check-out' procedure'. They haven't told us how much this will be either :mad:

It's now getting on for four weeks since we moved out and quite frankly I just want my money back!! Are they allowed to simply deduct money for 'check-out'? I've checked in our contract and it does say that this will happen, but doesn't give any figure. Is that fair game?

TBH if it's just going to be £50 then I'd be tempted to leave it, but now it's the principle more then anything else....

Arrrrrrggggghhhhhh!! Sick of the whole thing....

Marvel1

Emails are useless, either send a letter by registered post, or even better pop down and see them face-to-face.

00ec25

the responsiblity for the deposit rests with the LL not the LA, I assume you have an address for serving notices on the LL (sadly it may well the the LA address but hey ho) and that you are in England/Wales

so
serve a letter to the LL at their address (copied to LA) headed Letter Before Action informing the LL that unless he returns your deposit in full within 14 days you will take action in the county court for failure to protect the deposit. Remind the LL about the possibility of the x3 penalty for failure to protect.

there are numerous posts on this forum explaining what to do after that - do a search
make sure you actually follow through with court action, do not allow them to call your bluff. Yes it will cost you a court fee (about £50) but it will force the issue see guidance here

BTW do not send the letter by registered/recorded post instead send 2 copies normal 1st class post form 2 different post offices and get a proof of posting for each - this means the judge will accept the LBA has been delivered (recorded letters may not be signed for by a recipient expecting bad news, would then be returned to you undelivered and so would not be ofiically "served" )

re the check out, it is often standard for the T to have to pay for the check out inspection as it is in their interest to ensure the condition is recorded correctly (the LL pays for the check in for the same reason). the fact it is not priced in the agreement matters not in your context, your liability is in the agreement. Technically it should not be taken from the deposit but should be charged to you separately but the net effect is the same so not worth quibbling over