Where is our Deposit?!?!

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    Where is our Deposit?!?!


    My partner and I were in a tenancy that lasted 1 yr 11 months, which began July 2009 and ended June 2011. At the beginning of the tenancy we were given a certificate stating TDS protected our deposit that the landlord, not the agent, held. At the end of tenancy, landlord did not inform us of a checkout, list of deductions or even converse with us about whether he needed to keep any of our deposit for damages... it's been nearly 3 months and no reply from our attempts to contact him.

    TDS have said there was a deposit held with them, but by the agent and the agent left the scheme in April 2011 (not helpful in the slightest as the cheque was always made out to the landlord).
    My Deposits say that they protected the deposit in question from July 2009 to July 2010, but it wasn't renewed so is no longer protected with them.
    DPS has no record of protecting our deposit at all.

    So my questions about all this are:
    • Is it illegal for the landlord to have supplied false information in regards to where the deposit was registered, and has he an obligation to tell us if it had been moved?
    • If the agency is saying it is the landlord's perogative to deal with any dispute we have over the deposit and not themselves...where does that leave us, if the landlord refuses to reply?
    • Is it wrong for us as tenants to have to seek out where our deposit is being protected?
    • What should we do now we have NO idea who our deposit is protected with...what will happen if the landlord never re-regsitered the protection of the deposit with anyone?

    Many Thanks

    The questions about deposit protection are not relevant now that the tenancy has ended. Clearly, the deposit isn't protected, so your only option is to claim against the LL in the county court for a refund of the deposit. Send the LL a final letter before action, giving him a week to refund you, and say that you will start a claim if he doesn't respond by the deadline.

    You can start the claim via Money Claim Online. You don't need a solicitor, and court fees are low and will be added to the claim. You may find it helpful to buy or borrow a book on the small claims procedure.


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