TENANCE DEPOSIT NOT BEING REFUNDED

[persha50]

Hi - my son moved out the property in March 2022 as he was given notice by the landlord that they were moving in.

To date he has still not received his desposit back despite phoning them daily.  He is now wanting to move back to Surrey (currently lodging with a friend) and needs that money for a deposit etc of a new place.

Attached is an extract from the lease that he sent me.

Any advice PLEASE.

 

 

deposit.pdf

[Andrew-P]

Cut the landlord out - apply for the deposit back directly through the TDS - 

 

Tenancy Deposit Scheme - Offering government backed deposit protection services across the UK

WWW.TENANCYDEPOSITSCHEME.COM

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TDS is the longest running tenancy deposit protection scheme in the UK. We provide tenancy deposit protection for Agents and Landlords.

 

 

If the deposit has not been properly registered there are significant impacts on the landlord

[persha50]

Hi - he is dealing with the estate agents.  The house has actually been sold.  I did try and search on the TDS site to see if it was registered but nothing came up.

Its the estate agents that keep fobbing him off saying no nothing yet and we will get it sorted but its now 3 months since he moved out.

[stu007]

Hi

 

DO NOT Phone them unless you can record the call always put it in writing as you need to keep a good paper trail.

 

Tenancy Deposits are now required to be legally protected in one of the Tenancy Deposit Schemes and they should have been provided with a copy of the Prescribed Terms of that specific Scheme by the Estate Agents.

 

As this has been over 3 months they have had more than enough time to return this deposit which is a considerable amount to be waiting on.

 

So I would write to them demanding this deposit back please amend to suit your needs:

 

 

                                                                                                                                                                                                       Your Address Here

 

There Address Here

 

Date Here

 

Dear Sir/Madam

 

FORMAL COMPLAINT RETURN OF DEPOSIT HELD IN TENANCY DEPOSIT SCHEME

 

Reference: Insert Property Address Here

 

Further to my phone call with one of your colleagues about this matter on XX/XX/2022 to date your Estate Agency has failed in its obligation to return my Deposit and this is some 3 month plus from me leaving the property as per the given notice.

 

Your Estate Agency has given no valid reason for your failure to return this deposit of £775.00 which is a considerable amount unless it is for your Estate Agency to gain more interest which as per the Agreement your Estate Agency keeps.

 

I also requite either the Certificate Number or Account Number of the Tenancy Deposit Scheme my Deposit is protected in and exactly which TDS

and a copy of the Certificate.

 

I am also aware that the Landlord has now Sold said property in this matter.

 

I know give notice that I require the return of this deposit of £775.00 within the next 14 Working Days otherwise I will consider escalating this matter further as your Estate Agency has had over 3 months to return this and failed to do so.

 

I look forward to your response.

 

 

Also look at the Estate Agency website are they registered member of different Bodies on that website and if they are look them up and specifically look at the Code of Conduct they should follow and how to complain about them if they haven't.

 

Who are the Estate Agency please name them?

 

 

[persha50]

Thank you so much for your help.  Will let him know.  Will keep you posted as they have taken his bank details and sent the info to accounts!!!!!

So if nothing by Monday will get the letter sorted.

[stu007]

Hi persha50

 

Any update on this since they took his bank details or are they playing dumb with the excuse sent to accounts?

 

Get the letter sent to them that I posted don't let them give any excuses they have had more than enough time to sort this.

 

Who is the Estate Agency???

[mantis shrimp]

I cannot see that you have been told that if the deposit has not been protected by being paid into a prescribed scheme the landlord can be ordered to pay compensation of 3 x the deposit. From memory this is s213 Housing Act 2004.

[persha50]

Hi - he has started a claim.  Still nothing since giving them his bank details.

It was paid into a protected scheme we managed to get a copy of the certificate.

The estate agents is Lewis Pointon in Nuneaton.

Will let you know once sorted.

[stu007]

Hi

 

Thanks for the update.

 

Have they contacted the TDS Scheme the Deposit is protected in and asked for its return as the Estate Agent has failed to do so?

 

When you say they have started a Claim could you clarify you mean a Court Claim? if so are they aware they need to follow the Pre Action Protocol and have they issued the Estate Agency with a Letter Before Action (LBA)?

 

When doing the Court Claim don't just Name the Estate Agency but also add both Directors Names to the Claim.

 

Companies House link:

LEWIS POINTON (NUNEATON) LTD overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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LEWIS POINTON (NUNEATON) LTD - Free company information from Companies House including registered office address, filing history...

 

Pre Action Protocols:

Pre-Action Protocols - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[persha50]

Hi - my son has done a claim via TDS to get the deposit paid.  He said a caseworker had contacted and would let me know any updates.

[mantis shrimp]

That is a good start. 

[stu007]

Hi persha50

 

Thanks for that update and clarification that the claim is via TDS.

 

Lets use know how it goes with the TDS claim of deposit return

[mantis shrimp]

I agree: Let's use know-how.