Difficulties getting rental deposit back

mrclean123

Hi,

We moved out of a flat a month ago, after being there since Sep 2006. The agency was happy with the condition and said we'd get our deposit back.

Chasing it today I find there is a problem. The flat changed ownership and agency about a year ago; the deposit was never moved away from the old agency. The old agency who held the deposit has since gone bankrupt.

Both the new agency and landlord claim it's not there responsibility. The LL says this is because he never received the deposit from the original agency.

I believe our move in date pre-dates the requirement for the LL to place our deposit in a Tenancy Deposit Protection scheme. We never signed a new tenancy agrement when the property exchanged, so I assume the one we signed when we moved in still applies.

Any ideas with how I should proceed?

Hump

I imagine the new LL is liable as he/ she took on all liabilities in relation to your tenancy agreement - get set for the small claims court

Yorkie1

As far as I am aware, the agency acted on behalf of the LL at all times and therefore it is the LL's responsibility to return the deposit to you. It is not your problem how he then retrieves the money from the agency.

mrclean123

Thanks Guys.

We paid our deposit to the now bankrupt agency, but I notice the tenancy agrement says it will be held by the previous company that managed and owned the property. I suppose there is a slim chance they actually have the money, so I will ring them in the morning.

Otherwise It seems all I can do is write a letter to the current LL pointing out it appears to be his responsibility to return the deposit and that failure to do this will require me to take him to small claims court.

With no requirement for him to have TDP, I suspect he might as well just let us take him to court. All he would be risking is the cost of a few quids court fees.

mrclean123

Is there some law I can quote when writing to my LL, something that indicates his responsibility to return my deposit?

I read though some of the Housing Act, but it seems to make reference to Tenancy Deposit Protection, which I believe doesn't apply in my case.

jamie11

mrclean123 wrote: »

Hi,


Both the new agency and landlord claim it's not there responsibility. The LL says this is because he never received the deposit from the original agency.

That makes no difference. His solicitor should have checked where the deposit is at the time of his buying the place, then the price should have been adjusted to take account of it.

The new landlord is inescapably responsible for your deposit, it's up to him to refund and then claim it back from the sellers.

jjlandlord

mrclean123 wrote: »

Both the new agency and landlord claim it's not there responsibility. The LL says this is because he never received the deposit from the original agency.

Completely irrelevant.
Your current landlord is responsible to return your deposit. The only claim he might have not to is proof that you caused damage.

Send the landlord a letter before action seeking full refund of the deposit. Then sue through a money claim if he does not pay up.

PS: @jamie11: "4:20AM" come on, get a life mate

mark5

jjlandlord wrote: »

PS: @jamie11: "4:20AM" come on, get a life mate

Maybe he works shifts?,

I sometimes finish work at 2am and like to relax for an hour or two before going to bed!

jamie11

mark5 wrote: »

Maybe he works shifts?,

I sometimes finish work at 2am and like to relax for an hour or two before going to bed!

Completely wrong. JJlandlord knows perfectly well that I am retired and am often up in the early hours, I can't change the habits of a lifetime, nor would I want to. those quiet pre-dawn hours are the best ones of the day in my opinion, and ideal for a bit of skinny dipping. (No, my place is not over-looked so don't get excited.)