The real estate agency doesn't return my deposit even when they aren't deductions

straw_toro

The real estate agency doesn't return my deposit even when there* aren't deductions

Hi,
I have a problem with the deposit of my previous rented flat. I moved out at 4/12/2018, and some days later they let me know they weren't any deduction to my deposit so they were going to fully return it to me (£1025, protected by TDS). However, they asked for a final bill of electricity and gas before release my deposit. As this clause was in the contract, I wait a few weeks to have my final gas bill and sent to them, but I couldn't have my final energy bill because it was provided by Economy Energy, who are not operated anymore (they owe me more than £100, but that's another issue).
So finally, on 13th February they asked for my new postal address in order to send me a cheque with the deposit amount. I gave them my new address but they never sent me the cheque. I tried to raise a dispute using TDS but the system doesn't allow me as it's been passed more than 3 months after the tenancy end date...

I went two days ago to the office but they didn't gave me any solution, they basically told me that they don't know when I'll have my deposit back and that I can't use TDS to raise a dispute because it's too late... I don't know what to do, I'm not British and English is not my first language so all of this is overwhelming me. Any suggestion of where can I go to get help/advice?

By the way, I have all the related conversations in my email tray

Thanks

OscarFoxtrot

Small claims court.


Name both the agent and the landlord.

straw_toro

OscarFoxtrot wrote: »

Small claims court.


Name both the agent and the landlord.

I will need good luck with that with my English level...

gettingtheresometime

straw_toro wrote: »

I will need good luck with that with my English level...

You'll probably find that once they receive the letter before action letter, they'll make the payment.


Sounds like at the moment they're hoping you'll give up and put it down to experience.

straw_toro

gettingtheresometime wrote: »

You'll probably find that once they receive the letter before action letter, they'll make the payment.


Sounds like at the moment they're hoping you'll give up and put it down to experience.

I hope so, I have a template which looks professional for the before action letter so hopefully they rethink their position... I think they are taking advantage on my lack of contacts, language level and knowledge of British system to take a money that doesn't belong to them

Finchy2018

Just send them your bank details and ask them to cancel the cheque and pay via transfer.

G_M

Is the deposit still with the deposit scheme? If yes, put in a claim via the scheme (read their guide).

If it is not with the deposit scheme and the landlord or agent is holding the money, then 'Letter Before Action' and then 'Small Claims'.


See also
* Deposits: payment, protection and return

G_M

Dear Mr Lanlord,


Letter Before Action

Re: (rental property address)

Further to our various conversations, I have still not received my deposit held in relation to the tenancy of the above property, which ended on 4/12/18.

Kindly transfer the full deposit of £xxx to my account within the next 7 working days.

Account Number: xxxxxxxx
Sort Code: xx-xx-xx

If the amount is not paid in full within 7 days, legal action will follow and the court costs will be added to the amount owed.

Yours sincerely,


straw_toro

straw_toro

G_M wrote: »

Is the deposit still with the deposit scheme? If yes, put in a claim via the scheme (read their guide).

If it is not with the deposit scheme and the landlord or agent is holding the money, then 'Letter Before Action' and then 'Small Claims'.

It is with the deposit scheme but TDS says they are only responsible for 3 months. As my move out date was on 3rd December I can't raise a dispute using the Deposit Scheme

G_M wrote: »

Letter Before Action


Re: (rental property address)


Further to our various conversations, I have still not received my deposit held in relation to the tenancy of the above property, which ended on 4/12/18.


Kindly transfer the full deposit of £xxx to my account within the next 7 working days.



Account Number: xxxxxxxx
Sort Code: xx-xx-xx


If the amount is not paid in full within 7 days, legal action will follow and the court costs will be added to the amount owed.


Yours sincerely,


straw_toro

Thanks a lot, this is going to be very useful :money:

agrinnall

G_M wrote: »

Is the deposit still with the deposit scheme? If yes, put in a claim via the scheme (read their guide).

Already covered in part in the OP, although whether the 3 month limit is correct I don't know.

straw_toro wrote: »

I tried to raise a dispute using TDS but the system doesn't allow me as it's been passed more than 3 months after the tenancy end date...

Wanderingpomm

TDS return the money directly to you. The agent shouldn’t have it