How can we get our deposit back?

Scottashworth

In January 2016, we moved into a flat after paying £950 deposit. In July 2016, we received a letter from the Tenancy Deposit Scheme saying that our deposit would no longer be protected "...in accordance with the Notice Pursuant to Section 5(4A), I have made a determination that the scheme membership of Premier Property Management should be terminated. Therefore the deposit of £950 protected by this scheme in relation to (the flat), will cease to be protected by this scheme. The deposit will no longer be protected from 17th August 2016. Signed, Chief Exec, TDS."

We completed the form the TDS sent us and returned it within the permitted time which meant they would continue to protect our deposit. 

June 2020, we contacted the TDS as we are moving in July, and they said they didn't receive our form. When we input our Tenancy Certificate Code, it says the account has been archived. 

If you search online for the letting agency we initially went through, Premier Property Management Cornwall, you'll find out they were criminals and as of June 2020 the culprits are in jail.

To make things even more complicated, our flat is above a shop and the rent was always paid via an agency called Miller Commercial. As Miller Commercial deal with commercial property only, they had sub contracted Premier Property Management to facilitate our move in. 

My question is, who is responsible for our predicament and how can we get our deposit back?

Thank you in advance.

Scott.

greatcrested

The landlord is responsible.

Who is named as the landlord on your tenancy agreement?

What (postal) address is provided "for serving notices on the landlord"?

You write to the LL there requesting your deposit. If no satisfactory reply, you send a 'Letter Before Action'.

If the deposit was paid in Jan 2016, when was it protected and did you receive the PI? Within 30 days?

If the deposit was then unprotected inJuly 2016, you can also claim the penalty for non protection from the landlord.

See

Post 3: Deposits: Payment, Protection and Return.

[Deleted User]

Scottashworth said:

In January 2016, we moved into a flat after paying £950 deposit. In July 2016, we received a letter from the Tenancy Deposit Scheme saying that our deposit would no longer be protected "...in accordance with the Notice Pursuant to Section 5(4A), I have made a determination that the scheme membership of Premier Property Management should be terminated. Therefore the deposit of £950 protected by this scheme in relation to (the flat), will cease to be protected by this scheme. The deposit will no longer be protected from 17th August 2016. Signed, Chief Exec, TDS."

We completed the form the TDS sent us and returned it within the permitted time which meant they would continue to protect our deposit. 

June 2020, we contacted the TDS as we are moving in July, and they said they didn't receive our form. When we input our Tenancy Certificate Code, it says the account has been archived. 

If you search online for the letting agency we initially went through, Premier Property Management Cornwall, you'll find out they were criminals and as of June 2020 the culprits are in jail.

To make things even more complicated, our flat is above a shop and the rent was always paid via an agency called Miller Commercial. As Miller Commercial deal with commercial property only, they had sub contracted Premier Property Management to facilitate our move in. 

My question is, who is responsible for our predicament and how can we get our deposit back?

Thank you in advance.

Scott.

The landlord is responsible for returning your deposit, for protecting it on time and for keeping it protected. 

Scottashworth

Thank you both for this information.

We have the PI from Jan 2016, it was stapled to the contract, signed by both myself and partner, however the "Signed by the Landlord or agent" section has not been signed.

We did not receive another PI in July 2016.

We only have the names of the Landlords, not their address. Oldly we do have the address of the witness for the signing of the tenancy agreement but not their name as only initials have been written. Would this mean we write to the letting agent?

greatcrested

Signiture irrelevant.

You have the landlord's name.

What (postal) address is provided "for serving notices on the landlord"?

If no such address was ever provided you did not need to pay rent.

Scottashworth

We only have the letting agents address, but I'm assuming this is covered in the contract.

greatcrested

I repeat again:

What (postal) address is provided "for serving notices on the landlord"?

Please read your tenancy agreement - not just the front page.

Scottashworth

Nowhere in our tenancy agreement is there any mention of "for serving notice on the landlord".

The only thing close is pictured below. 

greatcrested

Then you did not need to pay rent (unless the address was provided, in writing, separately).

Landlord and Tenant Act 1987 section 48.

You can write to the last agent you paid rent to (Miller Commercial) and demand the LL's address:

Landlord & Tenant Act 1985 section 1.

mobileron

Search the land registry for name and address