Issues getting deposit back from previous rental

DVardysShadow

tomhudson21 wrote: »

Hello all

Firstly apologies if I'm repeating previous threads, but I couldn't find a suitable one when I looked.

People here prefer

• that you start your own thread for your problem [which avoids tangling up your problem with someone else's]
• that you keep updating the thread with your problem as the situation develops rather than start new threads [which avoids going over old ground]

So pleased to see you have started a new thread.

tomhudson21

Still waiting to hear back from the letting agency as I do not know the precise starting date and deposit amount to search TDS's website without my certificate.

Will try and keep on top the topic with any further developments. So if the landlord fails to respond to my request within 30 days, what would be the proceedure? Or does that depend on the type of policy I have in place?

tomhudson21

picklepick wrote: »

In which case, you can go on TDS now and ask for the full amount back. Use this link and type in your details.

I spoke with TDS earlier. They told me that since the landlord is not replying to the letting agency, they would have to treat it as a dispute and that takes two months minimum to get your money back. I need the money now really but it seems like I could be waiting a while for it.

The question I have now is though, if I'm forced to seek expensive credit just to get by for the month, is the landlord liable to pay the interest due to him not replying to any correspondence? I've read through my tenancy agreement and I can't see any sort of time period he has to respond to it, which seems pretty odd, although it's where TDS told me the time period would be if anyway.

Fire_Fox

Write to the letting agency and ask for the landlord's correct contact details, then write to the landlord. I'm not 100% sure you are still entitled since you have vacated but it doesn't sound like the letting agent has a clue anyway. http://www.landlordzone.co.uk/landlord's_address.htm
This is a formal situation so it's best to communicate formally, ie. in writing.

zappahey

Does this apply in these circumstances?

We are specifically excluded under Statutory Instrument from adjudicating where, despite making reasonable efforts to do so, the Landlord or the Agent are unable to contact the Tenant, or the Tenant is unable to contact the landlord or the Agent. Please follow the procedure set in Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) paragraphs A18-A21 or take action through the Court system to get a judgment for the return of, or deductions from, the Deposit.

http://www.thedisputeservice.co.uk/tenants-faqs.html

tomhudson21

Fire_Fox wrote: »

but it doesn't sound like the letting agent has a clue anyway.

Understatement of the week! I've got a string of email correspondance, is that sufficient?
I just got this email from the letting agency:

Apologies for not getting back sooner. I will be sending an email today to the landlord with an end date of Wednesday. If I haven't had anything back from the landlord before then, I will forward the proposal based on my recommendations from the checkout inspection.

Does this make sense to anyone? I feel it's very unclear what he actually means...

tomhudson21

zappahey wrote: »

Does this apply in these circumstances?

Cheers this might be useful if I need to take furthr action.

BitterAndTwisted

tomhudson21 wrote: »

Understatement of the week! I've got a string of email correspondance, is that sufficient?
I just got this email from the letting agency:

Apologies for not getting back sooner. I will be sending an email today to the landlord with an end date of Wednesday. If I haven't had anything back from the landlord before then, I will forward the proposal based on my recommendations from the checkout inspection.

Does this make sense to anyone? I feel it's very unclear what he actually means...

I'm reading this to mean that the agent is giving the landlord a deadline to respond. If the LL hasn't responded by the deadline i.e. the "end date" then they intend to use their check-out inspection for the deposit return. Which I think is fair, as the agent is just that: the landlord's agent, so cannot act without the landlord's say-so if the contract they have with the LL is not a "fully managed" one.

tomhudson21

BitterAndTwisted wrote: »

I'm reading this to mean that the agent is giving the landlord a deadline to respond. If the LL hasn't responded by the deadline i.e. the "end date" then they intend to use their check-out inspection for the deposit return. Which I think is fair, as the agent is just that: the landlord's agent, so cannot act without the landlord's say-so if the contract they have with the LL is not a "fully managed" one.

If that's the case, I guess that does seem fair. If he forwards it on Wednesday, how long do you reckon it takes for them to process it?

frooglefraggle

picklepick wrote: »

When did your tenancy start? Assuming it's after april 2007...

Your deposit should be in either TDS, mydeposits or DPS. You can go on each website and see which one it's in.

The landlord has 30 days to protect your deposit from receipt and TELL YOU which scheme it is in. If he/she hasn't done that, you are well within your rights to take your landlord to court for the deposit, plus one to three times the deposit.

I hope this is right my tenancy ended September the 7 th. I had an e-mail on the 8th from dps saying that my deposit has now been protected! This is through a management company as well.