Letting agent not returning deposit despite prompt go-ahead from Landlord

[i_am_ravi]

Hi,I moved out of an apartment on 21st May, post which the landlord promptly sent a note to the letting agent to return/release my deposit of 1000 GBP.It is 27th June already and the letting agent has not returned my deposit.On enquiring, first they sent me an e-mail stating that the deposit scheme is delaying the release of deposit. On enquiring with the deposit scheme, I was told that the deposit scheme runs on a insurance basis and does not hold the deposit.They advised me that I persist with my letting agent and then if I am finally convinced, raise a dispute with them, following which it might take close to at least 60 working days before my deposit comes back to me.To avoid such a huge delay, I confronted my letting agent asking them why they were mis-representing facts (i.e. that deposit is being held back by deposit scheme), to whcih I was told that they will return my deposit by end June'11.How best can I deal with such letting agents and get my money(with interest/penalty, if possible) back asap.Kindly advise.

Edited June 27, 2011 by i_am_ravi

[Ed999]

My comments apply only if the premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord), and only if you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

I suggest you wait until the end of the month, and post on this thread next week if matters have not been resolved.

 

 

Alternative Dispute Resolution

 

If it is a shorthold tenancy, where there is a dispute concerning disrepair at the end of the tenancy the following matters apply.

 

If the deposit paid by the tenant is currently still protected within an authorised TDS Scheme, the Deposit Protection Service (DPS) - who administer all TDS Schemes - offer an alternative procedure for resolving disputes, to save you having to go to court.

 

They have issued a guide, explaining the disputes procedure they provide:

 

• A Guide to Tenancy Deposit disputes and damages

 

Where a deposit is protected by being placed in the TDS scheme, if a dispute arises at the end of the tenancy the parties can choose to resolve it by this procedure instead of going to court (but must begin the procedure within a time limit).

 

Both the landlord and the tenant must agree to use the DPS disputes procedure. It cannot be initiated by only one of them. But it can be MUCH cheaper than a court case.

 

The same procedure applies in ANY dispute concerning a tenancy deposit protected in a TDS scheme, regardless of the type of scheme involved (i.e. whether it is a custodial scheme or an insurance scheme), and regardless of which of the three authorised bodies is administering the scheme.

 

Further information: Deposit Protection Service (DPS) website

 

 

Interest

 

Any interest earned on money protected under the TDS scheme belongs to the Scheme's administrators, not to you. It is used to pay for their costs of operating the Scheme.