i need advice on letting agent

[Scott1976]

when i first started renting my house in 1999 i gave a depoist over of £550 and about 3 years l8r boydens property managment took it over so there was some conversations about back rent to which boydens said if we (boydens and us) could get the depoist from carol smith that could be used to pay this off , so there was a to a throw between boydens and carol smith , the result was carol smith said her paper work was with her accountant this was after said had said the depoiste had been passed on my question is what can i do to get the deposite back i knew i singed a receipt but dont know where it is, as she has addmitted to boydens that she had and had send the money is there anything i can do?
she has taken from us and i WANT IT BACK!!!!!
please help

edited;please dont use the word S*****!!

[gizmo111]

Who is carol smith?
Are you saying that you are moving out and want deposit back or have moved and haven't had deposit back?

[Scott1976]

sorry carol smith lettings was the person that was dealing with my house before boydens took over, basically, my first letting agencey took deposit, second letting agency took over no deposite transfered paper work and stuff passed between the 2 she admitts to having depos but sending it to 2nd agency they say they aint got it, she says paperwork is at accountants and thats it.
how can i sue her and get copys from 2nd letting agency of theres and her corrispondentce?
sorry 4 typos

[Jhawc24]

Not sure as to whether you are still the tenant or not, it's not very clear.

At the end of the day the 'landlord' is the person who is reponsible for your deposit whether or not an agency is holding it.

If you are still in the property then I would suggest you write to the agents requesting the landlords name and address you have a right to request this information. Keep a copy of the letter and send it recorded delivery.

You could also make a Subject to Access request for a copy of all information each agency is holding, they may make a small charge for this, they have to provide you with this info under the Data Protection Act. This should give you a copy of the deposit you paid.

Hope this helps. Joan.

[strangewayofsavin]

Hi, this is an old rip off by letting agencies. Basically, when the new agency took over from the old, they take on all obligations, like building maintenance, legal responsibilities AND DEPOSITS. When they say its Carol Smiths responsibility, its a fob off.
Do a letter before action, stating you have taken it on advice that the deposit is their responsibility to repay. Give them seven days to repay on reciept of the letter, or you will take them to the small claims court and add costs. Send via recorded or special delivery. If they do not pay up within the alloted time limit, fill in a mcol form, and take them to court. It is not financially beneficial for them to go to court to defend, so pay they usually up.

[adridude]

By law, landloers have to put deposit into something called the 'Tenancy Deposit Scheme' (TDS) which is run by the coucil. I would approach the local council and see if they adhered to this.

[gizmo111]

Originally Posted by adridude

By law, landloers have to put deposit into something called the 'Tenancy Deposit Scheme' (TDS) which is run by the coucil. I would approach the local council and see if they adhered to this.

Yes but only from April this year - this thread is over a year old.