Deposit return questions. Can you help?

matthewking26

Hi all.
I've been in my rented house for 3 years. Each 6 months I've signed a new tenancy agreement, (with 3 different housemates in total)
I signed the latest contract in October and it runs out in March, the contract was identical to the previous contracts with just the names and dates changed.
The latest contract gives no information on my deposit being protected in a TDS.
I have received no information throughout the tenancy about the deposit being placed in a TDS within the 14 days required or afterwards.
The letting agency have sent us a letter telling us how spotless the house must be to get our money back with no mention of allowing for fair wear and tear. Their words were basically, it must be returned to the condition it was when we moved in.
But for example the upstairs windows are cracked so we're unwilling to clean them incase the glass falls out but the contract says we must clean the windows when we move out.
When we move out could the letting agency or landlord tell us about the deposit scheme or will it be too late for them?
Should we wait until we move out to ask them if our deposit was protected? How could we find out if they are telling the truth?
If the deposit wasn't protected are we entitled to 3xdeposit no matter what the condition of the house? And how do you define fair wear and tear?
If they refuse to hand it over for one reason or another what would be the next step?
Are there any template letters out there we could use?
Lots of questions I know but any help greatly appreciated!

DGJsaver

Phone them up and ask if the deposit is protected
no messing about

Find out answer , go from there

Dan

emsywoo123

hi OP, I am on the phone right now to the companies to see if my deposit has been protected!!!!

emsywoo123

. The Deposit Protection Service (Custodial Protection Scheme)
The Pavilions
Bridgwater Road
Bristol
BS99 6AA
Tel. No. 8970 7071 707
depositprotection.com


2. Tenancy Deposit Solutions Ltd (insurance-based tenancy deposit protection)
Tenancy Deposits Solutions Ltd
3rd Floor, Kingmaker House
Station Road
New Barnet
Hertfordshire
EN5 1NZ
Tel. No.: 0871 703 0552
Email: customerservices@mydeposits.co.uk
mydeposits.co.uk
3. The Tenancy Deposit Scheme (insurance-based tenancy deposit protection)
The Dispute Service Ltd
PO Box 541
Amersham
Buckinghamshire
HP6 6ZR
Tel. No. 0845 226 7837
Email: deposits@tds.gb.com
tds.gb.com

matthewking26

Hi, this is the (abridged) email I just sent the letting agency. Should I ring the schemes as well?
:Dear xxx,

I emailed you (on the 19th February) with suggestions for times when we would be available for a member of your team to visit us to discuss issues in the house. We have heard nothing from you relating to this. we again request someone visit us to discuss the issues related to the house.
We have received a generic check-out checklist from yourselves prompting us to return the property to the condition it was in when we moved in. The letter did not take into account fair wear and tear as covered by our contract. We wish to make it clear the property will be returned to the condition it was in, excepting fair wear and tear as per our contract.
We also wish to point out we are unable to externally clean the upstairs windows as requested until the windows are repaired as we believe the cracked glass and broken sash cord create a risk of glass falling out of the window if we attempted to clean them.
If the windows are repaired before we move out on the 10th March 2008 we will be perfectly happy to clean them as requested.
We have had a 'phone call from someone called xxx at xxx and xxx Letting on 19th February 2008, 4.11pm asking us to allow a viewing of the property by a potential tenant on the 20th February 2008 at 5.15pm. xxx said she had no record of the emails we have sent. We agreed to the viewing and the viewing took place yesterday evening.
Is it your intention to allow potential tenants unaccompanied viewings each time or was this a one off and they will be accompanied by a member of your team in future?
We also request details of whether or not our deposit is being held in a Tenancy Deposit Scheme.

Yours sincerely

---

Good or bad?

emsywoo123

I would call the companies (I did! ) as then you know for sure about your deposit....and from what I can see from others, it is best to claim it before you leave the property, but don't quote me on that!

pink.1970

Company 2 on the list wouldn't tell me over the phone I now have to wait for snail mail.....

emsywoo123

Oh try again, the woman I spoke to would?.........maybe it is just who you get?

matthewking26

Well my deposit isn't registered with any of the three schemes. Two told me over the phone but one wrote to me with confirmation after refusing to tell me over the phone, telling me to email them instead.
So what's my next step?
Our tenancy runs out 10th March but we intend to move out 1st March.
We were going to spend the time inbetween getting the house spotless but is there any point spending money on carpet cleaning etc if they haven't protected the deposit?
How do I go about claiming for 3 x deposit from them? Do I start proceedings now or wait until we move out?
Or do I write to the letting agency/landlord demanding the information on whether our deposit was protected (and should I include the fact that they've broken the law by not telling us it was protected within 14 days of moving in or by not protecting it at all?)
Anyone out there with experience of this sort of thing who can help us???