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Made tds dispute and agent/ll have not responded...
GervisLooper
Posts: 457 Forumite
I didn't know that no response means you have to go through the courts. What is the point of the TDS in that case? The deposit is protected with the tenancy deposit scheme btw.
I thought the whole point was to avoid courts.
I made a claim on the advice of the agents (who protected the deposit on behalf of the original landlord and who I rang after ringing the original landlord and getting no help) because when I moved out the original landlord had not given the agents the new landlord's details and when I rang the original landlord to ask about return of the deposit they basically told me to get lost saying it wasn't their issue to deal with and they have washed their hands of the complex that my property was related to so they will not discuss anything else regarding it.
So I presumed it would be a smooth process to get the deposit back then. Just raise a claim, the original landlords do not respond (which they haven't) then it would default in my favor and I would be repaid and that would be the end of it. But I just read on the tenancy deposit scheme website that if they don't respond then they go through the courts to get it back. That defeats the purpose of having a TDS no?
The situation is the original landlords when I rang them gave me an email to contact for the new owners but when I rang the agents they said that it is not the new owners who should deal with it, it is the old ones, as the old landlords are the ones who are meant to release it since they protected it in the first place so on that advice, and also thinking the same, I did not use that email to try and resolve the issue. So rather than simply say to release it, the old landlord couldn't be bothered and just passed it off to the new one. So I never emailed the new LL/owners of the property because the agents themselves told me to raise the dispute as 'probably the quickest way of getting your deposit back' because they said, after ringing the original landlord, they were unable to get the proper information for the new landlord/owner to release the deposit.
But if it is going to go have to go through the courts isn't that a whole other (possible) unnecessary rigmarole and might have been better for them to just have gotten in contact with the new owners. But the tds says you should not try and resolve things outside of their system once the process has started. So not sure what to do now?
As I say, I was going on the assumption that the payment would be swiftly returned when the original landlord did not respond and that would be the end of it. Not that it would trigger court proceedings which perhaps could have been avoided. I thought the tds would have gotten to the bottom of who/where the deposit is so did not do anything more after raising the claim and there has been no update on their website. I suppose I will just have to see what they say once the time has elapsed for the ll/agent's response and see what they have come up with but my concern, as stated above, is if they have nothing then it will be a court matter which could have been avoided. I suppose I will wait and see what they advise since they are the ones who are supposed to be sorting it out. I feel I shouldn't be the one chasing it up.
I thought the whole point was to avoid courts.
I made a claim on the advice of the agents (who protected the deposit on behalf of the original landlord and who I rang after ringing the original landlord and getting no help) because when I moved out the original landlord had not given the agents the new landlord's details and when I rang the original landlord to ask about return of the deposit they basically told me to get lost saying it wasn't their issue to deal with and they have washed their hands of the complex that my property was related to so they will not discuss anything else regarding it.
So I presumed it would be a smooth process to get the deposit back then. Just raise a claim, the original landlords do not respond (which they haven't) then it would default in my favor and I would be repaid and that would be the end of it. But I just read on the tenancy deposit scheme website that if they don't respond then they go through the courts to get it back. That defeats the purpose of having a TDS no?
The situation is the original landlords when I rang them gave me an email to contact for the new owners but when I rang the agents they said that it is not the new owners who should deal with it, it is the old ones, as the old landlords are the ones who are meant to release it since they protected it in the first place so on that advice, and also thinking the same, I did not use that email to try and resolve the issue. So rather than simply say to release it, the old landlord couldn't be bothered and just passed it off to the new one. So I never emailed the new LL/owners of the property because the agents themselves told me to raise the dispute as 'probably the quickest way of getting your deposit back' because they said, after ringing the original landlord, they were unable to get the proper information for the new landlord/owner to release the deposit.
But if it is going to go have to go through the courts isn't that a whole other (possible) unnecessary rigmarole and might have been better for them to just have gotten in contact with the new owners. But the tds says you should not try and resolve things outside of their system once the process has started. So not sure what to do now?
As I say, I was going on the assumption that the payment would be swiftly returned when the original landlord did not respond and that would be the end of it. Not that it would trigger court proceedings which perhaps could have been avoided. I thought the tds would have gotten to the bottom of who/where the deposit is so did not do anything more after raising the claim and there has been no update on their website. I suppose I will just have to see what they say once the time has elapsed for the ll/agent's response and see what they have come up with but my concern, as stated above, is if they have nothing then it will be a court matter which could have been avoided. I suppose I will wait and see what they advise since they are the ones who are supposed to be sorting it out. I feel I shouldn't be the one chasing it up.
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Comments
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Insured or custodial?Either way, your original Landlord is not responsible for the return of your deposit. It is the responsibility of your current Landlord.
I presume the TDS are saying that they cannot arbitrate without consent of both parties, in which case you will need to make a small claim via mcol against you current Landlord. Have you actually spoken to TDS and confirmed the deposit status?0 -
Maybe I'm missing something, but I see no indication of timescale in your post.
When did you request repayment of the deposit?0 -
I raised a dispute online, which was the only way you can do it, so haven't spoken to them directly but I got a response saying that they have received and are processing and just waiting for the LL's response, which hasn't come.
I don't know which type it is, it says nothing about custodial or insured on the information on the website.
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I'll ask again... How long ago...?GervisLooper said:I raised a dispute online, which was the only way you can do it, so haven't spoken to them directly but I got a response saying that they have received and are processing and just waiting for the LL's response, which hasn't come.0 -
Sir, no need to be snippy, you must have made the second response as I was typing my own as it was not there when I made my 1st reply.AdrianC said:I'll ask again... How long ago...?
1 month ago.
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When new landlord appeared, unless you were given s48 & s3 compliant notice(s) then no rent was due (s48 - lot of money ) and new LL would be at risk of fines and criminal record (s3). Might be one notice or two,Did you get these & did it include his actual address not just care-of agent, please?0
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theartfullodger said:When new landlord appeared, unless you were given s48 & s3 compliant notice(s) then no rent was due (s48 - lot of money ) and new LL would be at risk of fines and criminal record (s3). Might be one notice or two,Did you get these & did it include his actual address not just care-of agent, please?
I moved out before the new landlord even came on the scene. The changeover apparently happened in the few days between me moving out and me ringing the 'previous' landlords to ask for my deposit back. So I am not sure who's responsibility it is to return it in this case?
And no received nothing from the new landlords as I didn't live there when they would have started. I have been told (only by previous LL) it is them who need to arrange return of my deposit which seems strange. I would never have known of their existence had I not rang the previous landlords and them telling me they no longer own it.
This is a large apartment complex (probably 100+ tenants) btw so not just a case of a single tenant to deal with so I am sure they didn't even know anything about me and had loads of other stuff to deal with related to the handover.
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OK, so you have drip-fed the fact that the Landlord change happened after the end of the tenancy. My previous advice and Artful's advice on notices no longer apply.
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Are you sure the new LL even exists? Might this just be to fob you off so they can keep the deposit.
Your contract was with the old LL and it was he whom you paid the deposit too. So i can't see what it has to do with the new owner of the property (not your new LL as you don't live there and presumably your tenancy ended when you moved out).0 -
Some people really to give all the facts when posting don't they.0
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