Problems Getting My Deposit Back

Taylor1989

I'm at University and my 1 year tenancy on a house I rented with 3 other students recently finished (beginning Aug 2011). We got our house through a letting agency (Townends if that helps for anyone with previous dealings with them) so contacted them with regards to getting our deposit back. Firstly, they informed us that they would need an email from our landlord saying they could release the deposit; so I got in touch with our landlord and she said she had emailed them saying they should release all of the deposit to us. I then got back in touch with Townends and they then said they don't actually hold our deposit and that the landlord does so we need to deal with them directly to get it back. Basically this dispute between them is still going on and I was just wondering whether anyone could help me with what to do as they both seem to send me back to the other one and I don't seem to be getting anywhere?

In our contract it said our landlord would hold our deposit although we did initially pay it to the letting agency. I also do not think our deposit was placed in a safety deposit scheme as we never received any information about this despite our contract stating it would be held in one. Any help with what to do would be greatly appreciated. Thank you.

Jeffrey_Shaw

In England & Wales?

Taylor1989

Yes in Guildford, England

BitterAndTwisted

It doesn't matter who the deposit was physically paid over to. The agent was acting for and on behalf of the landlord. The tenancy agreement and therefore your contract was with the landlord. Therefore the landlord is responsible for its return. Whatever discussions take place between the agent and landlord are not your concern: that's for them to resolve.

Check with all three deposit-protection schemes now to confirm whether or not any of them have had the deposit registered with them: DPS, TDS and MyDeposits. Once you are confident that it's not been registered write to the landlord with a copy to the agent headed "Letter Before Action" giving them a deadline of say 14 days to return your deposit you'll start a claim in court. Send two copies of each letter by first-class post from two different post offices retaining Proof-of-Postage for all four. Doing so should satisfy most courts that they have been correctly delivered and received.

jordylass

It depends how far you want to go, you could do what B&T suggested or send a 14 day letter asking for confirmation of where deposit is held before court proceedings, then take them to court for 4 times the deposit. Cut and Dried.

00ec25

jordylass wrote: »

, then take them to court for 4 times the deposit. Cut and Dried.

it would be cut and dried becuase a case like that would be thrown out :
a) the penalty was x3 not x4
b) the tenancy has finished and the T has moved out
there are plenty of posts on here showing that test cases have now established the penalty cannot be claimed after the end of tenancy


the only option for the OP to do is as B&T says - send letter before action asking for return of deposit, do not mention a penalty and be prepared to actually take the LL (not the LA) to court

if the LL has failed to protect the deposit (which at least one of the schemes will still allow them to do after the end of the tennacy) the court will automatically rule in the T's favour and the LL will have to return the deposit, lbut note this can still be less any (uncontested) damage deductions

jordylass

I must have been very lucky then, as I got the deposit + 3x penalty (as you correctly state) when I tool my previous LL to court for 3 months after the tenancy ended.

Jeffrey_Shaw

00ec25 wrote: »

it would be cut and dried becuase a case like that would be thrown out :
a) the penalty was x3 not x4
b) the tenancy has finished and the T has moved out
there are plenty of posts on here showing that test cases have now established the penalty cannot be claimed after the end of tenancy


the only option for the OP to do is as B&T says - send letter before action asking for return of deposit, do not mention a penalty and be prepared to actually take the LL (not the LA) to court

if the LL has failed to protect the deposit (which at least one of the schemes will still allow them to do after the end of the tennacy) the court will automatically rule in the T's favour and the LL will have to return the deposit, lbut note this can still be less any (uncontested) damage deductions

jordylass wrote: »

I must have been very lucky then, as I got the deposit + 3x penalty (as you correctly state) when I tool my previous LL to court for 3 months after the tenancy ended.

Both are right! The Court orders that L [landlord] must:
a. refund the deposit to T [tenant]; and
b. pay the 3x penalty too.

may_fair

00ec25 wrote: »

it would be cut and dried becuase a case like that would be thrown out :
a) the penalty was x3 not x4
b) the tenancy has finished and the T has moved out
there are plenty of posts on here showing that test cases have now established the penalty cannot be claimed after the end of tenancy

Correct. The judgment in Gladehurst v Hashemi established that T cannot claim for the 3x sanction under s.214 Housing Act 2004 after the tenancy has ended.

the only option for the OP to do is as B&T says - send letter before action asking for return of deposit, do not mention a penalty and be prepared to actually take the LL (not the LA) to court

if the LL has failed to protect the deposit (which at least one of the schemes will still allow them to do after the end of the tennacy) the court will automatically rule in the T's favour...

If T claims for return of the deposit there is no automatic judgment in T's favour. If the LL submits a counterclaim for damage and/or unpaid rent then the court will consider his claim before making any award.

clutton_2

was an inventory of condition signed by both you and the LL on move in and on move out ?