Advice on Deposit Issue

G_M

It is very unclear what happened to you deposit:

* was it registered by the agent
* were you given the 'Prescribed Information'?
* was it released by the agent when the LL took over? Or transferred to the LL? Or what?
* Is it still registered?
* Which scheme?
* Have you checked EACH of the schemes?

Ignore any claims by the LL until the deposit is resolved.

Once you have estanblished which scheme it is now with, apply to that scheme for its release.

ValHaller

Werdnal wrote: »

TBH, I will be surprised if it is, as agents tend to use the "insurance based" schemes, whereby they pay a fee to "insure" the deposit amount, but keep the actual money themselves until such time as tenant leaves. If this is the case, then your deposit may no longer be protected, and as LL is responsible for ensure it is, he is now responsible for returning it, and/or the non-protection penalty is his to bear. I cannot see any agent in the land, being prepared to maintain an insurance based deposit for a LL who has effectively told them to "stick their management up their @r$e" as they will be charged for the insurance policy to cover your deposit and there is nothing in it for them ... If the payments have lapsed, your deposit is no longer protected!

Of course the deposit must be somewhere, even if only with whoever trousered it. But finding and returning the deposit is (and always was) entirely the Landlords problem

GetMeaQuill

I've checked and it is in the Tenancy Deposit Scheme, it also has both the name of the original agents and the landlord on it. No modifications have been made since we moved in, so it must be still under the control of the LA.

The LL must still have to contact the agent though to release it, even though he says he's tried and not had much luck.
I don't know why he thinks we'd be able to ask them to release it instead when he's the LL.
Maybe he just can't be bothered to do it (very likely judging by our tenancy). We'll just have to keep asking him...

Thanks for all advice!

Fire_Fox

GetMeaQuill wrote: »

I've checked and it is in the Tenancy Deposit Scheme, it also has both the name of the original agents and the landlord on it. No modifications have been made since we moved in, so it must be still under the control of the LA.

The LL must still have to contact the agent though to release it, even though he says he's tried and not had much luck.
I don't know why he thinks we'd be able to ask them to release it instead when he's the LL.
Maybe he just can't be bothered to do it (very likely judging by our tenancy). We'll just have to keep asking him...

Thanks for all advice!

Have you formally asked TDS to release the deposit? If you raise a dispute AFAIK they try to contact agent and/ or landlord, if no response and given timescale they may well just release it.