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afraid landlord will take me to court

13

Comments

  • pyueck
    pyueck Posts: 426 Forumite
    meggles88 wrote: »
    The landlord from my original contract was still being managed by the letting agency. Should i request it from the letting agent or the landlord who i originally had the contract with? The landlord has changed about 3 times in the oast 2 years and i believe the deposit was transferred to the new owner each time so not sure who to request it from?

    Also will it matter that i gave them permission to keep it initially?

    The landlord is liable to return the deposit. The tenancy deposit scheme will have details of who the landlord is who has registered the deposit so log into their website and send the request for the refund to the landlord there. If it is not returned in 10 days dispute it immediately.

    What do you mean that you 'gave them permission to keep it'?
  • pyueck
    pyueck Posts: 426 Forumite
    meggles88 wrote: »
    I just checked my tenancy certificate online and it hasnt been amended to the new landlord? The letting agent is not mentioned on the certificate so I am guessing that i still need to send a letter to the landlord on my TDS scheme and not to the letting agency who were holding thr deposit? Or should i send them one aswell?

    Send it to the landlord on there. If they haven't updated it, then that's their problem.

    The landlord is the one responsible for returning the deposit not the agency, just send it to the landlord.

    As I said if it's not returned in 10 days dispute it.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    G_M wrote: »
    5) the agent responded "(we will) sort it out for me and to return the keys to them".

    Apparently they said at the same time that they were no longer acting for the landlord.
    Therefore sending the key to them is the same as sending the keys to any random person with full knowledge of that fact.
  • I initially panicked when the said that i was still in fixed term and the letting agents suggested that i use my deposit as first months rent. However now i know that they are trying to shaft me as they accepted the surrender of my notice... i sent an email saying they could use it... so have a shot myself in the foot :(

    so no need go include the letting agent in the letter as well?
  • jjlandlord wrote: »
    Apparently they said at the same time that they were no longer acting for the landlord.
    Therefore sending the key to them is the same as sending the keys to any random person with full knowledge of that fact.


    Yes but i had no contact from either the letting agent or landlord as to who was responsible... trust me i tried to find out who was!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    meggles88 wrote: »
    Yes but i had no contact from either the letting agent or landlord as to who was responsible... trust me i tried to find out who was!

    This is not relevant.

    They told you that they no longer acted for your landlord. From that moment on what they say no longer matters and you cannot claim that you followed their advice because you thought they still acted for your landlord.
  • pyueck
    pyueck Posts: 426 Forumite
    meggles88 wrote: »
    I initially panicked when the said that i was still in fixed term and the letting agents suggested that i use my deposit as first months rent. However now i know that they are trying to shaft me as they accepted the surrender of my notice... i sent an email saying they could use it... so have a shot myself in the foot :(

    so no need go include the letting agent in the letter as well?

    Meggles I am so confused with your posts, to be honest a lot of what you say makes no sense, I wish you would write more clearly. I have absolutely zero idea who your agent and landlord are?

    When you say 'first months rent' what property was this for, the place you have just moved into or the place you moved out of? Is it the latest agency or a previous one?

    If I were you I would write to the landlord on your deposit schemes website and ask them to refund it in 10 days. If this doesn't happen just dispute it.

    If the situation is really as complex as it sounds, I doubt anybody can work out where your deposit funds are, so best to ask for it, and if no luck dispute it and claim through them.
  • Hmmm tenancy deposit has the letting agency listed as the AGENT and the landlord under LANDLORD does this mean i should inform both? Sorry for all the questions
  • pyueck
    pyueck Posts: 426 Forumite
    meggles88 wrote: »
    Hmmm tenancy deposit has the letting agency listed as the AGENT and the landlord under LANDLORD does this mean i should inform both? Sorry for all the questions

    How many more times, write to the LANDLORD, they are the ones responsible for returning the deposit!
  • Sorry its only because on the dispute form it states AGENT as well and I know you have to have tried to resolve the matter before going ahead with the claim
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