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Help Needed - Rent Deposit Headache!

Hello,

Looking for advice, we rented our property from company A in 2008 paying our deposit. Company A transferred a number of managed properties to Company B last year. Now company B have claimed that Company A closed down deposit accounts but never transferred deposits to them. Company A sent us a solicitor letter staring all assets and liabilities we transferred and receipt of payment acknowledged by Company B. Company B however saying we have to report "A" to the police for theft. What rights do we have? What should we do? Thanks in advance N:mad:
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Comments

  • Belenus
    Belenus Posts: 2,768 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 14 December 2014 at 5:43PM
    From 6 April 2007, rental deposits should be held by one of the approved rent deposit schemes.

    They should NOT be held by the landlord or letting company etc.

    Do you know who holds your rent deposit?

    If Company A applied for a return of the rent deposit, your agreement should have been sought.

    Unless you are not telling the full story, your deposit money should be safe.

    Link
    A man walked into a car showroom.
    He said to the salesman, “My wife would like to talk to you about the Volkswagen Golf in the showroom window.”
    Salesman said, “We haven't got a Volkswagen Golf in the showroom window.”
    The man replied, “You have now mate".
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    I think you mean that these companies are letting agents. If so, presumably they are just agents of your landlord: Do you know who your landlord is? What name is specified on your tenancy agreement.

    Ultimately your landlord is responsible for your deposit, so don't let yourself bamboozled by these companies. If any of them acted improperly it is in fact between them and your landlord.
  • Yes letting agents, first one had deposit in account 2008 and closed in 2013. We never received a letter or account number. Neither myself or landlord knew it had been closed down. There are 3 families affected in my flats, and others in the surrounding areas. Two letting agents now at loggerheads, solicitors involved and not speaking to each other. I know landlord who is nice, he claims deposits nothing to do with him? Thanks N

    Also second letting agent has none of our paperwork or contracts from first one!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    I know landlord who is nice, he claims deposits nothing to do with him?

    Well don't let him bamboozle you either!
  • marleyboy
    marleyboy Posts: 16,698 Forumite
    10,000 Posts Combo Breaker
    Your LL is wrong, whether or not they have asked someone else to deal with the deposit, the LL is ultimately responsible for its return.
    :A:dance:1+1+1=1:dance::A
    "Marleyboy you are a legend!"
    MarleyBoy "You are the Greatest"
    Marleyboy You Are A Legend!
    Marleyboy speaks sense
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  • Belenus
    Belenus Posts: 2,768 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Yes letting agents, first one had deposit in account 2008 and closed in 2013. We never received a letter or account number. Neither myself or landlord knew it had been closed down. There are 3 families affected in my flats, and others in the surrounding areas. Two letting agents now at loggerheads, solicitors involved and not speaking to each other. I know landlord who is nice, he claims deposits nothing to do with him? Thanks N

    Also second letting agent has none of our paperwork or contracts from first one!
    Was your deposit registered with and held with one of the rent deposit schemes?

    If it was it should still be there.

    If it wasn't then the letting agents were breaking the law. If they have disappeared, then I suspect, but cannot be certain, that the landlord will have to take responsibility as the letting agents acted for him and not for you.

    Stop worrying, this should be easily resolved.
    A man walked into a car showroom.
    He said to the salesman, “My wife would like to talk to you about the Volkswagen Golf in the showroom window.”
    Salesman said, “We haven't got a Volkswagen Golf in the showroom window.”
    The man replied, “You have now mate".
  • Second agent claim it was held with TDS but claim they've tried to access and they are closed. They have sent others print screens to show, but can't do ours as they have no paperwork for us.
  • Have YOU interrogated the TDS site to see whether they still have a record of your deposit? If not, they should have a record of who it was released to.

    Still, none of this really matters the letting-agent was acting for and on behalf of the landlord, not you, so that is the party who is responsible for returning it to you. Your landlord's business relationships are none of your concern.
  • dresdondoll
    dresdondoll Posts: 4 Newbie
    edited 14 December 2014 at 6:17PM
    Thanks all, I'll stop worrying soo much. It was when we were being told we had to go to the police and not them sorting it!

    PS can't find anything in schemes for us
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Thanks all, I'll stop worrying soo much. It was when we were being told we had to go to the police and not them sorting it!

    PS can't find anything in schemes for us

    Go to the police? Who told you that load of Horlicks?

    Have a read at Shelter's website about deposits. It tells you how to check to see if your deposit has been protected and what to do if it hasn't been.

    http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes
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