No deposit after 1 month

psgeorge79

Dispite moving out of a property on December 12th I have not yet had my deposit back. I rented from June 13th 2016 to Dec 12th 2016 through Austin & Wyatt. I agreed any deductions with them on the 1st week & yet they still haven't returned it. Today I called and they said it was send on the 10th January and expect it in 5 - 10 days. So I decided to see if I can go to the deposit scheme and get them to hurry it up. I called the DPS, mydeposits & TDS. Non of these companies have my name or details and a deposit in my name at the address.

I was even charged £140 for cleaning, which they said needed to be done after I vacated the property. However the cleaning wasn't done until after Christmas. (I have E-mails saying when it will be done) But I know for a fact, as I've checked that new tenants moved into the property before Christmas. So clearly the cleaning wasn't done!

Having paid over £500 in moving in fee's and £140 deducted from my deposit is there anything I can do. I just feel like they have robbed me and I've got nothing for my money.

Aced2016

Is it a letting agent or private landlord ?

kinger101

When did the tenancy start? We're you ever given any details of where the deposit was protected?

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

psgeorge79

I don't ever remember being given details of deposit protection. I am now in a new property & the land lord has set this up & I had to create an account and agree. I never did this before & non of the 3 deposit protection schemes have any information on me before my new tennancy started December 10th

kinger101

Oh, missed the start date in your original post.

Check all your paperwork again. Not remembering doesn't mean is doesn't exist. Check e-mails as well.

If your deposit has not been protected, send the a letter before action asking for ALL your deposit back (including the £140) or you'll take it to court where you'll be awarded an additional 1-3 times the deposit.

psgeorge79

Shall I email them asking for information about which company they used for the deposit?

kinger101

Yes, that would be a good start.

psgeorge79

and I know it was not put in a protections scheme as there is 3 company that do that & I called all 3 today. Non of them have any details on me? There is no record of a deposit on the flat number or postcode or my name. People tell me I can take them to court, but a big company like Austin & Wyatt are aware of the rules & surely would not risk breaking them? I just don't know what they can gain by holding on to my money & delaying re-payment.

kinger101

It might have been an oversight on their part. The responsibility is actually the landlords rather than the agent. If you can establish they've not protected the deposit and need no further dealing with them, I'd push for a bit more than my deposit back. £750 or it goes to court.

psgeorge79

Thanks for your help. I guess I can ask them tomorrow for proof of deposit protection. I guess they can't fake it & make it up. So if they have failed to do it I'll go to Citizen advise and see what they say

Bluebirdman_of_Alcathays

psgeorge79 wrote: »

Thanks for your help. I guess I can ask them tomorrow for proof of deposit protection. I guess they can't fake it & make it up. So if they have failed to do it I'll go to Citizen advise and see what they say

Citizens advice will tell you to go to court if you want to see your money.