landlord not responding to letting agents requests

primalmother

hi there,
My tennancy officially ended on dec 4th but I had my check out and handed back keys on 4th nov. The landlord needed the property back and she agreed in writing that I would be refunded the months rent on a pro rata basis.
My deposit is in the TDS scheme.
Since my checkout on 4th nov the landlord has stopped responding to the letting agent regarding my refund of the rent and the return of my deposit.
Its my understanding that the landlord has 3 months from the check out to claim via the TDS and then the money will go back to the agent but what happened then.
How do I claim my money back??
The agent has said that with out any contact from the landlord they cant legally give me back my deposit.
I understand that I will need to go through the small claims court for the rent owed but what about the deposit??
Thanks in advance for help

tykesi

Just claim it back through the TDS, that's what it's there for.

G_M

England? Scotland?

Is the deposit registered in a recognised scheme?

* if yes, make a single claim immediately via the scheme.
* if no, sue via courts for 3 times the deposit AND the deposit itself.

Always unwise to over-pay rent. Better to calculate the pro-rata amount before paying the final months rent. Yoy are right you cannot claim this via the deposit scheme, only via the courts.

Have you written to the LL or just the agent?

See also

* Deposits: payment, protection and return

HouseBuyer77

Take a look at the shelter website: http://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_back

They say within 10 days.

Talk to the deposit scheme directly rather than the agent.

With regards to the rent have you contacted the landlord directly? Their address should be in your contract or the agent has to provide you with the address within 21 days of a written request for it (though now you're no longer a tenant perhaps this doesn't apply).

primalmother

update: I have put in a single claim for my deposit and have sent a notice before action letter to the landlady.

G_M

primalmother wrote: »

update: I have put in a single claim for my deposit and have sent a notice before action letter to the landlady.

Well done. Two actions, both absolutely the correct thing to do.

Out of interest, did your LBA claim the depoait, the overpaid rent, or both?

primalmother

G_M wrote: »

Well done. Two actions, both absolutely the correct thing to do.

Out of interest, did your LBA claim the depoait, the overpaid rent, or both?

just the rent overpayment as the deposit I have claimed via the scheme.