Letting agents refusing to return full deposit + TDS issues

[kingfu]

Hi I posted on here few weeks ago but things have moved on and changed.I'll give the timeline first then bring up the issues im currently facing.

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Let flat through a estates agents, paid them deposit of £685.

estate agents transferred deposit to landlord, landlord transfers deposit back to estate agents who put it in a TDS.

Once tenancy expires I sign a tenancy directly with landlord..

Landlord sells flat to new landlord through estate agents with vacant posssesion even though im still there..

Sign new tenancy with new landlords..

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I've since ended my tenancy and am having trouble getting my deposit back from the estate agents. They seem to have a bee in their bonnet that the flat was sold with vacant possession and have been dragging their feet. .

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I've finanlly managed to get a partial refund of my deposit, £520, however the full deposit is £685. They are claiming the landlord only gave them back £520 to protect and have said this in letter and that they've fullfilled their contractual obligations, however i have the TDS certificate which clearly shows they protected £685.They have now gone silent on the matter even though i've given them 14 days before i told them I'd take them to court..

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My two main questions are:.

Are they responsible for the remaining about of the deposit or the original landlord? I've spoken to the original landlord who has said once the flat was sold her responsiblities ended. The new landlord doesn't know anything about the deposit and was just given a copy of the TDS certificate..

The estate agents did not keep the deposit protected. Can I also claim against them for non compliance? or because I signed a new contract at some point am I now unable to claim?Thanks

[mariner51]

Thats a lot of changes. A clear timeline, type & duration of Ts would help. Starting with orig T and deposit paid.

[kingfu]

6 month tenancy through lettings agents with £685 deposit paid to lettings agents

original tenancy extended for another 6 months through lettings agents.

new 6 months tenancy signed direct with landlord.

another 6 months tenancy signed with landlord.

tenancy turns into periodic tenancy for around a year.

new landlord buys flat and i sign a new 6 months tenancy. deposit is still held by original lettings agents whereas I assumed it was transferred to the new owner.

tenancy turns into periodic tenancy for around 2 years.

I give in my 2 months notice.

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Hope this clears things up abit?

[The Carpet Cleaners]

The way that I see things.....

 

You had a contract with Original LL... whom you paid deposit to...

New LL takes over, (forget vacant posession as you were there) and with it takes over the responsibility of the Tenancy including deposit.

 

You have never had a contract with the estate/letting agent.

 

IMO you should be instigating proceedings against the New LL to get the deposit back. New LL then can instigate own proceedings against original LL for the deposit, and original LL can instigate proceedings against Estate agent for the return.

Your port of call is the new LL.

[mariner51]

"Hope this clears things up abit?"

 

Not really.

Date first Tenancy commenced with old LL and deposit paid?

Date old LL sold property?

Date you signed new Contract with new LL?

What was the fixed term of new LL contract?

Was any deposit required/stated in new Contract?

Did LA collect your rent for both LLs?

Date you vacated property?

[kingfu]

The way that I see things.....

 

You had a contract with Original LL... whom you paid deposit to...

New LL takes over, (forget vacant posession as you were there) and with it takes over the responsibility of the Tenancy including deposit.

IMO you should be instigating proceedings against the New LL to get the deposit back. New LL then can instigate own proceedings against original LL for the deposit, and original LL can instigate proceedings against Estate agent for the return.

I see what you're saying and it makes sense and this is how the original landlord sees it. However I assumed because the new tenancy agreement I signed with the current landlord didn't mention anything about my original deposit..or any deposit, that I would have to go back to the original landlord/lettings agents to get it back?

[kingfu]

"Hope this clears things up abit?"

 

Not really.

Date first Tenancy commenced with old LL and deposit paid?

Date old LL sold property?

Date you signed new Contract with new LL?

What was the fixed term of new LL contract?

Was any deposit required/stated in new Contract?

Did LA collect your rent for both LLs?

Date you vacated property?

 

Sorry im still tracking down all the original tenancy agreements myself.I can answer a few things things though

Date you signed new Contract with new LL?

2005, will find exact date

 

What was the fixed term of new LL contract?

1 year

 

Was any deposit required/stated in new Contract?

No mention of any deposit in the contract with the new LL

 

Did LA collect your rent for both LLs?

No. I paid direct to both LLs

 

Date you vacated property?

January this year

[The Carpet Cleaners]

The new landlord doesn't know anything about the deposit and was just given a copy of the TDS certificate..

 

that is the bit that says your New LL has to pay you back the deposit..