Who is responsible for my deposit?

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    Who is responsible for my deposit?

    I am disputing deposit deductions, I cannot get in contact with the letting agent since leaving the property due to them not being in the office just now and no one answering my emails. I applied to the deposit scheme for my deposit back about a month after I left, I requested the full amount as the letting agent hadn't requested anything and I'd heard nothing, on the 30th working day from me asking they requested the full amount, for cleaning and damages.
    I am trying find out what they are claiming it for but I have no contact. I called citizens advice but unfortunately they are also closed so running a skeleton staff but have told me, to her best knowledge as she doesn't deal with private let's usually that it's the landlord who is responsible for my deposit and I should send them the letter template that she emailed me, asking for information and to resolve. I've never spoken to or seen the landlord but is this correct? Do I just skip over the letting agent when it comes to trying to sort out the dispute, she hasn't logged anything with the deposit scheme so it's not her personally asking for the money.
    Thank you and sorry for the book, just trying to lay out as much info as needed.

    #2
    You need to put in a formal dispute with the deposit protection service asap. That is what they are there for. Don't delay.

    Who is responsible is not your problem.

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      #3
      I have, I've applied for their adjudication process but they've advised me to try speak to my letting agent to atrempt to resolve it ourselves. That's when I called citizens advice and she told me to do the same but with the landlord.

      I guess this is usually how it is then, will I find out what they're claiming it for when the adjudication process starts?

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        #4
        You need to put in the application to the deposit system NOW. If you miss the deadline your ONLY option will be to begin
        court action against the landlord.

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          #5
          Yes, I have done that. I done that straight away but they are encouraging us to sort it out with first as we've had no contact with each other, it is still going through the deposit scheme. They have advised that it could take a while due to current climate so I would also prefer to sort it with the letting agent or landlord if possible but its difficult because I don't know who I really have to speak to.
          I'm just trying to do as they say, I don't want to send a letter to my landlord if it's the letting agent I need to sort it with although I spoke with them today through email and they have confirmed that it's the landlord who owes me the money even though I paid it to the letting agent.
          So I will send the letter to the landlord and hope that prompts the letting agent to get in touch or get the ball moving.
          Thank you, hopefully things run smoothy, I've never had a deposit claimed before so this is all new to me
          ​​​

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            #6
            You write (yes write, keep copies) to Landlord (yes Landlord), copy agent with your requirements. If no agreement within say 7 days then start dispute process with deposit scheme with evidence you tried for agreement first
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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              #7
              After contacting the landlord the deposit was released to me, in full. Thank you for your help.

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