expired contract rolled to AST, still no deposit back..

Killaloth

Hi everyone,

I rented for 1 year and few months through a letting agency, everything was fully managed by them.

At the beginning of the tenancy I signed for a 1 year contract ending on 7th February 2015 and an independent check in report was filed. I checked online today and my deposit is still protected by The Tenancy Deposit Scheme

When the 1 year contract expired on 7th Feb 2015 a new one was sent to me. I signed it and sent it back. They said that the contract was not valid as it wasn't witnessed. I then forgot to send back the witnessed contract.

Since for other circumstances I had to move out I gave adequate notice and I moved out on 15th August 2015. I wrote to the agency that since my contract was not legally renewed it would have been then considered a rolling contract, as it happens in these circumstances (correct me if I am wrong here..).

When I moved out on 15th August a professional check out inventory was also arranged by the letting agent. The inventory check out says that the property was left in good conditions.

The terms of the contract I signed stated that the landlord has 10 working days to notify of any deductions, now lapsed. I already provided my bank details but the deposit hasn't been released yet.

When I inquired the agency answered with a cryptic: "the TDS advises that the deposit must return within 10 working days of an agreement being made. As we do not have an agreement in place, the deposit cannot and will not be released. I have chased the landlord to confirm the deductions and once these are confirmed, I will update you."

TDS confirmed instead today that that "this protection is still live. H**** are still the responsible member and will be holding the deposit. We recommend you speak to their head office if the branch is causing confusion. If they still do not recognise the tenancy, a dispute can be raised with us."

Can you help me to understand why they told me in writing that "we do not have an agreement in place"?

I do understand that I let the first contract lapse and roll into a monthly one, but this doesn't mean that "the deposit cannot and will not be released" and I have to wait for an indefinite time for the landlord to make a decision.

Now I am finding it hard to get hold of the agency's property management centre over the phone.

Should I just raise a complaint or would you suggest something else before doing that?

Thanks for your time!

Andrea

EDIT: Thanks for your suggestions so far, the property is fully managed by the agency but I am complaining in writing to their Property Management Centre instead of the actual Landlord, this could be a mistake. I will put everything in writing again and send a letter (I don't have his email..) to the Landlord in person.

booksurr

the only "agreement" relevant is between you and the LL regarding the extent of any deductions you both agree to being made from the deposit.

Trying to link the absecne of a tenancy agreement to the deposit return appears to be either the usual agency ignorance or at attempt to be (deliberately?) misleading (what a surprise)

time for you to read up on how to launch a one sided deposit reclaim

HappyMJ

Whilst the agency agrees there's nothing wrong it's up to the landlord to agree no negligent damage has been caused to the landlords property by you.

It's been 10 working days so I'd write a letter copied to both the landlord and the letting agent requesting your deposit back before you take further action. I think you've already done that so one more letter copied to the head office this time telling them you will now be taking action give them a few days to respond then raise it with TDS as a dispute.

Guest101

I'd just raise it immediately.

The general assumption is that it is 10 days to get feedback from LL, not 10 days to pay the blasted thing.

benjus

Killaloth wrote: »

I signed it and sent it back. They said that the contract was not valid as it wasn't witnessed.

Do you have evidence that they said the contract was not valid?

There is no requirement for tenancy agreements to be witnessed. And the letting agency may still have a perfectly valid contract, signed by you, committing you to pay rent until Feb 2016 (assuming it was another 1 year contract they sent you).

Depends on whether the agency is just ignorant or deliberately deceptive, I suppose.

Guest101

benjus wrote: »

Do you have evidence that they said the contract was not valid?

There is no requirement for tenancy agreements to be witnessed. And the letting agency may still have a perfectly valid contract, signed by you, committing you to pay rent until Feb 2016 (assuming it was another 1 year contract they sent you).

Depends on whether the agency is just ignorant or deliberately deceptive, I suppose.

I doubt this. They've accepted the notice & arranged a check out. Even if valid, that would be enough to show there was a surrender.