Requesting my deposit back

Mooneyd

Hopefully someone can help me.

I've just moved flat and I am still waiting for my deposit back from my previous LL.

The deposit has been registered with the TDS, but sits in the Estate Agents bank account. I cant find anywhere on the TDS website to request it back?

Also my tenancy agreement has the following clause;
[FONT=&quot]'The Landlord or the Agent must tell the Tenant within 15 working days of the end of the Tenancy if they propose to make any deductions from the Deposit.'


This time period has elapsed[/FONT]. Are they still able to make deductions? Or do I have to wait until they are decide what to do with it?

thanks for any advice in advance

19lottie82

"The deposit has been registered with the TDS, but sits in the Estate Agents bank account."


Not possible. If it's registered, it will be held by the TDS.

Did the agent provide you with the prescribed information re the deposit protection?

Have TDS confirmed that they hold it?

martinsurrey

19lottie82 wrote: »

Not possible. If it's registered, it will be held by the TDS.

Wrong

The TDS is a guarantee backed protection service.

So the LL or agent hold the deposit, but it’s guaranteed by the TDS (and the LL/agent pay for this service)

https://www.tds.gb.com/tenants-overview.html

19lottie82

martinsurrey wrote: »

Wrong

The TDS is a guarantee backed protection service.

So the LL or agent hold the deposit, but it’s guaranteed by the TDS (and the LL/agent pay for this service)

https://www.tds.gb.com/tenants-overview.html

Ah OK, apologies. Understood.

tim123456789

19lottie82 wrote: »

"The deposit has been registered with the TDS, but sits in the Estate Agents bank account."


Not possible. If it's registered, it will be held by the TDS.

Did the agent provide you with the prescribed information re the deposit protection?

Have TDS confirmed that they hold it?

Not so:

most LL's choose to use an "insurance" scheme whereby they still hold the deposit with the service simply ensuring that it is paid back.

Okydoky25

Log into the TDS Website and there are forms on there to claim it back yourself.

benjus

I was in your situation recently, where the LL and Agent were dragging their feet over returning the deposit. The TDS website is rather vague about what to do in this situation. You could open a dispute now, but there's a lot of form-filling involved and you may be able to get things done quicker by directly contacting the LL.

At this stage I'd write to the LL with a copy to the Agent (and maybe TDS as well) to the saying that the period specified on the tenancy agreement has elapsed and you wish to claim the deposit back in full. If that doesn't lead to a satisfactory resolution, open a dispute with TDS.

The Agent will keep the deposit until either the LL instructs them to return it to you, or a TDS dispute is raised, in which case they must send the disputed amount to TDS.

dodger1

Just phone the agent or previous LL and ask them why you haven't got the deposit back yet.

Mooneyd

benjus wrote: »

I was in your situation recently, where the LL and Agent were dragging their feet over returning the deposit. The TDS website is rather vague about what to do in this situation. You could open a dispute now, but there's a lot of form-filling involved and you may be able to get things done quicker by directly contacting the LL.

At this stage I'd write to the LL with a copy to the Agent (and maybe TDS as well) to the saying that the period specified on the tenancy agreement has elapsed and you wish to claim the deposit back in full. If that doesn't lead to a satisfactory resolution, open a dispute with TDS.

The Agent will keep the deposit until either the LL instructs them to return it to you, or a TDS dispute is raised, in which case they must send the disputed amount to TDS.

Thanks for the advice.

However this is a bit of a grey area in my mind:

'[FONT=&quot]The Landlord or the Agent must tell the Tenant within 15 working days of the end of the Tenancy if they propose to make any deductions from the Deposit.'


The Agents have said 'the LL is looking to make a claim' but nothing has arrived back. I guess they are trying to figure out how they can rinse us for all we are worth, but since we've had no formal deductions proposed thus far where do we stand? Do we have to wait indefinitely for them to come up with some way to deduct as much as they can? My preference would be to hold them to the wording of their contract (which we paid £200 in agency fees for!!) much in the same way they do us.[/FONT]