letting agency failing to return deposit

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    #1

    letting agency failing to return deposit

    hi peoples,

    after 2 years of renting I moved out of the flat I rented from a letting agency in September 2009. The contract I have with them states that they have to return my deposit and any advanced rent with 28 days. it's now been 41 days and still nothing.

    Every time I phone them (which has been numerous times) they NEVER return my calls, and when I do finally manage to get hold of someone I get excuse after excuse....the computer system is down, the paperwork has been delayed, the accounts manager is off and he is the only one who can authorise the cheque. Last week I went in to see them in person as I was sick of the excuses and the lack of interest in returning my calls. I was told that they would process this immediately and send the cheque out on thursday....so, friday...nothing, saturday, nothing..today nothing.

    I'm truly f*****d off now. it's over £2,500 (made up of 2 months up front rent plus a deposit)

    what can I do now? I'm sure my deposit is in a TPS, although I'm not quite sure what that actually means.

    I don't want to threaten them with legal action if it turns out that I can't do anything because they will just laugh and continue to do nothing. Surely they are, at the very least, in breach of contract by failing to fulfil the terms to which I signed up?

    thanks for any advice
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    #2
    It's the landlord that technically owes you the money (if there is a deposit to be returned), even if you paid it to the agency. Get onto the landlord regarding returning the deposit and politely inform / remind him of this. Paying the deposit to the agent is like paying it to the landlord. Its up to him to then pay you and chase down the agency for it. I would do this before getting involved in the procedures set out in respect of the relevant deposit scheme.

    Unfortunately, when I have had trouble getting money out of an agency it has been as a prelude to them going bust. You may want to inform the landlord that you have tried getting it from the agency with no success. I'm afraid their solvency is his problem.

    Comment

      #3
      Is it not up to the TPS to get the money from the agency and hand it over to the tenant, providing the landlord has no objections? I thought the TPS are supposed to ensure that the agent has the deposits safely kept in a bank account and they can demand the money at any time.

      Comment

        #4
        Originally posted by twisted-pixel View Post

        what can I do now? I'm sure my deposit is in a TPS, although I'm not quite sure what that actually means.
        Contact the three deposit schemes to find out if your deposit is protected.

        http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

        Assuming it is, then raise a dispute with the scheme.

        Comment

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