Estate Agents Failure to return my tenancy deposit

jimjamz82

My previous (previous) estate agent has failed to return my tenancy deposit to me. My original tenancy agreement was with them, but a 6 months before ending my tenancy, the landlord switched to a different estate agent. The original deposit is still with the original estate agent and protected by TDPS. The latest estate agent has agreed and signed off that the full deposit is to be returned to be, but has had difficulty negotiating the return of the deposit with the former estate agent. I contacted the former estate agent directly and provided all details they requested, in order to pay back the refund. It has been one month since providing them details and I've heard nothing from the former estate agent nor have I received the deposit. What are the next steps? Can legal action be taken?

HampshireH

Read your tenancy deposit scheme terms and conditions and Log a dispute. The deposit shouldn't be with the landlord it should be in a scheme as you suggest

Marvel1

Read this guide by G_M https://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3

FBaby

Have you logged in on the site and requested the full deposit to be returned? Both parties can start the process. After you do so, the landlord will have so long to disagree with your request and negotiate directly before entering into a dispute if you can't agree. All is done via their website.

G_M

Why are ou claiming it off the agent? Or the previous agent?


The agent works on behalf of the landlord. Your landlord is responsible. Write to him (yes, a letter, at the address "for serving notices" requesting he return your deposit within 5 working days.


If that fails, make a single claim via the scheme.

jimjamz82

I have never spoken with the landlord and do not have their contact details. Everything is done via the estate agent. The latest estate agent informed me that they have "not had time" to transfer the deposit, which is still registered with the previous estate agent (and TDPS), so I was informed by my latest estate agent to contact the previous and arrange with them the return of the deposit. The estate agent told me all they needed from me was an e-mail confirming my acceptance of the refund (obviously), which I did with the details they needed to either process the refund themselves or pass onto the TDPS for them to return it to me.

Money_maker

Your landlords contact details are on your contract with him. Claim your deposit from the TDs directly.

G_M

jimjamz82 wrote: »

I have never spoken with the landlord and do not have their contact details..

If you have been given an address, in Eng/Wales, "for serving notices" on the landlord, then that is where you write to him. The law then assumes he has received your letter.

If you have not been given an address, in Eng/Wales, "for serving notices" on the landlord, then the law says you do not have to pay rent.

Landlord and Tenant Act 1987 section 48.

Sibz

You should have received confirmation from any TDPS informing you of which one it was lodged with etc. That should also explain to you the process for requesting return.
If you never rcvd anything of the sort there's a chance it wasn't protected - If this is the case then time is not on your side. You need to contact the 3 schemes ASAP and find out if it was placed with any of them. You only have a certain amount of time from when the tenancy ends to take action if it wasn't protected.

jimjamz82

I've found my reference number and the correct scheme I'm with (based on the prefix). I've contacted them and explained the situation, asking for next steps. I'm awaiting their response.

jimjamz82

I raised a dispute with the tenancy dispute scheme I'm associated with. They gave two options. Either to raise the dispute through their own arbitration system, or follow County Court proceedings. It seems the arbitration scheme offers no penalty or compensation for damages. The estate agent will simply pay back the deposit that is long overdue and there will be no penalty against them. In County Court proceedings, I could have filed for damages and/or some some form of compensation as penalty for their late return of the refund.