Deposit Not Protected

SurferDan

Hi, hope someone out there can offer some advice.

6 month AST recently ended.
Disputing non return of deposit with letting agent.

The tenants did not receive the required information re deposit protection from the letting agent at the start of the tenancy

No details received of deductions and charges until we visited the agents office and demanded them.
Asked letting agent for the landlords address, they refused to give it saying we didn't need to know because they were acting. as agents for the landlord.

The property has been re decorated without the costings being discussed or agreed with the tenants.

We asked the letting agent in writing if the deposit was protected and proof that it was,they have not replied to two letters in a four week period.

We have checked online and via the phone with the three deposit protection agencies. None of them have a record of a protected deposit for the rented address.

Asked one of the agencies if the letting agent was a member of their scheme they refused to answer quoting the Data Protection Act??? Seems a bit silly when the agent has their logo on the website and they are supposed to be looking after tenants deposits.

We have written to the letting agent saying that we believe they have failed to protect the deposit as required by law and asked for the deposit to be returned.

So far no reply (7 days)

What next?, Legal action?, if they are not members of a deposit protection scheme we can't use their arbitration system.

The property was re advertised to let for two weeks after it was re decorated but has now been taken off the market according to the letting agent

Any help appreciated

SurferDan

We have finally received a reply from the letting agent.
They still won't confirm that the deposit is protected saying that "this is something dealt with by our solicitors, at arms length on our behalf" ??

Any help appreciated

Fire_Fox

It's worth running an advanced search, this issue comes up several times a week. You are in dispute with the wrong entity: tenants are contracted to the landlord not the letting agent. The landlord has the legal responsibility for lodging and returning the deposit not the letting agent. Write to the landlord using the address at which to serve notices on the tenancy agreement, if this is the agency fine still address everything to the landlord themselves.

Template 'letter before action' here, listing all evidence to send. Two copies from different Post Offices getting a proof of posting each time.
http://webcache.googleusercontent.com/search?q=cache:kROXpXTlONIJ:www.shelter.org.uk/__data/assets/rtf_file/0010/437887/D._Tenancy_deposits_-_Letter_before_action_after_a_tenancy_has_ended.rtf+shelter+letter+before+action+deposit&cd=4&hl=en&ct=clnk&gl=uk

Tenants have the right to an address at which to serve notices BUT you are no longer a tenant, so the letting agent may decide this does not trump the Data Protection Act.
http://www.landlordzone.co.uk/landlord's_address.htm
Another option is to download the land registry details for the property (£3) and see if there is an address for the landlord there - in that case use both addresses.