Who should have put my deposit in TDS? Who to take to court?

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    Who should have put my deposit in TDS? Who to take to court?

    Hi all, first post, apologies for length, but please bear with me, I intened to follow this through in full, so it will hopefully be a good future resource.

    I rented a property in Nov'07 on a six month AST, which I found through an Estate Agent.

    The Estate Agent was acting on behalf of a Letting Agent who now claims to have been acting on the behalf of a Private Landlord/Owner of the property. (The LA had advertised the property with a number of Estate Agents to increase coverage).

    At the start of the tenancy all of my dealings were with the Estate Agent who also took the security deposit on the day we moved in. In the Tenancy Agreement the Letting Agent is named as the Landlord, and there is no mention of the Private Landlord, who apparently owns the property. Throughout the tenancy any further communications were with the LA.

    We vacated the property in May, and are still waiting for the deposit to be returned. The LA did not return any of my calls, so having read in detail a number of threads regarding this subject on the forum, I contacted the LA last week asking how to claim the deposit back, and where it was protected, as I had not received details of the TDS during the tenancy. They sent me a fax apologising for the delay in returning the deposit, advising they were deducting a small amount for cleaning and were working out how much to take.

    They have also confirmed in the fax that the deposit was not held in any of the three schemes as the Landlord lives abroad.

    Two weeks after receiving this fax I am still waiting to be told what they intend to charge me for a 'light cleaning' of the property, so five weeks after leaving I have not received a refund.

    So I would like some opinions and advice on the next steps to take. From the research I have done on this forum and the net, I believe that someone has failed to comply with the TDS, as living abroad does not exempt you from the requirement to protect the deposit, and besides, the LA is named as the Landlord and they are very much in the UK.

    I was thinking to write to both the original Estate Agent and the LA, requesting the full deposit + the 3 x penalty, due to non-compliance with the TDS, with the threat of further action though the court if necessary. Hopefully, one of them will accept responsibility, pay and save themselves additional court fees. (Wishful thinking perhaps).

    Does anybody know who should have protected the deposit?
    Is the Estate Agent not responsible in anyway, even though the payment was made to them?
    Who should I take further action against?
    Is the LA wrong for not stating in the Tenancy Agreement that they were acting on behalf of the property owner?
    Am I barking up completely the wrong tree, or have I missed a key point?

    I am sure that there has been a failure to comply with TDS, but really need help working out who made the failure.

    Any opinions and advice very much appreciated!!
    Thanks, PTM

    Does no one have any thoughts or comments on this process?

    I really would appreciate any input.


      Same problem

      We are in the same problem, did you manage to get your problem resolved, if so, how did you manage to do it.


        Your remedy is probably to threaten to and then if necessary take action in your local county court against both agent and landlord for your deposit in full (ignore the proposed deductions as it won't stand up).
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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