TDS - moved out so where do I stand?

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    TDS - moved out so where do I stand?

    Hi
    This is my first post.

    I am using this to gain some info. I have been having difficulty in gettting info from my letting agent (LA).
    I took out a tenancy on the 25th April 2008. There were various problems with the LA and the landlord (LL). Basically, the LL had breached the tenancy act and he knew this. I asked the LA to leave 3 months early, they agreed. They said the LL agreed to this. Stupidly, I didn't get this in writing and more stupidly, the LA didn't get this in writing from the LL.

    So fast forward to 25th July and I move out, all agreed with the LA that if I leave the place in good condition, the deposit will be returned - normal practice.
    I was not aware of the Tenancy Deposit Scheme - but I am now!

    So up to a couple of days a go, I am trying to get this deposit back - the LL saying no because I moved out early. The LA saying I might not get it back because I never got it in writing... even though I have witnesses to the LA saying I could vacate no problems.

    I went to the Cit Advice/B and they told me all about the TD/scheme and by sound of it I was not in one. I called all three schemes and I was not recorded. However, the LA told me to my face I was in one when I popped along to ask for my certificate and reference number.

    Yesterday, I got the letting agent to admit they never placed my money in one.

    They handed me back the deposit - as a 'good will gesture' as they know that I know the legal implications (should have been deposited into one of three schemes within 14 days and given a certificate etc). They never made me sign for the deposit back. They had the nerve to first say that the deposite wasn't actually a deposite, then they said that they used it to pay the rent when they lost my bank account details and failed to collect the rent and paid it to the landlord in month 3... then they changed their story to say they paid it straight to the landlord at the start of the agreement. They also said (!) that the LA isn't at fault because the guy who worked there at the time was useless and he has since left the firm and they cannot be blamed for his bad admin.

    I have the money back now and I am happy - as it is my money. But I wish to complain.
    Does anyone know the best person to is to complain to? This by the way is a huge UK estate/letting agent and each shop is a franchise...so there is no 'head office' as such.

    Can I still claim three times the amount even though I have vacated and they have given me the deposit back? Thing is, they know they can be fined 3x the amount - and they should be. I called all the 3 TDS schemes and they are not registered with any of them so I have reason to believe that they are dodging the law for all/most letting clients.

    The LL has taken the property off the books and he doesn't use this LA anymore so don't think I can demand him name/address within 21 days?

    Surely there must be something to be done?

    I am the usual type to let stuff lay but this LA is a horror - they wouldn't fix things, they let me go for weeks without a boiler/hot water before arranging a call out, never supplied the CORGI certs, never returned calls, took ages to fix things, the manager actually called me and told me I was a nuisance and she wished I never lived there (all because I called each day re the boiler). The LA lied to me (and countless others no doubt) and I can't believe the company/franchise branch will get away with it.

    Is it the LL or the LA I would be seeking to complain about/seek an avenue of redress against? I handed the deposite to the LA who were entrused by the LL to handlehis property.

    I understand there is little or no caselaw surrounding this fairly new legislation but surely the LA/LL should be fined despite the deposit being now returned. To put it simply, they broke the law and should feel the consequences!

    Please, does anyone have sme advice?
    Thank you.

    #2
    You could pursue a case against your LL but you may well not be successful. There are many threads about why not and you could also read this.

    I'm not sure if you have a disrepair claim.

    Might want to see if the LA is a member of ARLA or some other LA body.

    I'm sure other members will have more / better advice
    ****************************************

    If you are unsure about what to do seek professional Legal advice.

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