Tds

[storeyboy10]

I moved out of a property 8 weeks ago, and was due to receive £1000 deposit back from my estate agents.

 

It turns out, that despite phone calls from him promising the deposit has been paid, the estate agents has now gone bust, and they are not contactable any more.

 

Looking at my contract, it states that my money was protected by a "tenancy deposit scheme" but does not give any further details. I have contacted all 3 agencies who hold deposits, and none of them have any record of me, the property, or the estate agent.

 

My basic question is - what should I do next? Any helpful advice welcomed, I am worried about not getting my money back.

 

Thanks.

[Planner]

Your claim will be against the landlord.

[bazak1]

Hi storeyboy,

The following is taken from a advice site for help in matters such as yours.

 

The Tenancy Deposit Scheme has been established under the Housing Act 2004. It requires landlords to register details of the start and end of all Assured Shorthold Tenancies on which they take a deposit. The Dispute Service (TDS) runs this particular scheme and is required to supply summarised details of all tenancies to [the Department of] Communities and Local Government (CLG).

 

The Tenancy Deposit Scheme has been set up to service three principle objectives:

 

1 Protect deposits through the tenancy

 

2 Ensure the return of the deposit promptly at the end of the tenancy, where there is no dispute about the deposit

 

3 Where there is a dispute about the deposit at the end of the tenancy, ensure it is dealt with fairly and quickly by the Independent Complaints Examiner (ICE)

 

The ICE website can be found at

 

The Independent Case Examiner Website - Complaints

 

I hope this helps.

 

Good luck

[Planner]

Hi storeyboy,

The following is taken from a advice site for help in matters such as yours.

 

The Tenancy Deposit Scheme has been established under the Housing Act 2004. It requires landlords to register details of the start and end of all Assured Shorthold Tenancies on which they take a deposit. The Dispute Service (TDS) runs this particular scheme and is required to supply summarised details of all tenancies to [the Department of] Communities and Local Government (CLG).

 

The Tenancy Deposit Scheme has been set up to service three principle objectives:

 

1 Protect deposits through the tenancy

 

2 Ensure the return of the deposit promptly at the end of the tenancy, where there is no dispute about the deposit

 

3 Where there is a dispute about the deposit at the end of the tenancy, ensure it is dealt with fairly and quickly by the Independent Complaints Examiner (ICE)

 

The ICE website can be found at

 

The Independent Case Examiner Website - Complaints

 

I hope this helps.

 

Good luck

 

All the above is correct apart from point 3. Any dispute about the deposit at the end of the tenancy will be dealt with by the particular TDS scheme that your depoist has been registered with not the ICE. As your deposit appears not to have been registered then it will be a court claim against the landlord. You can either go for a regular claim for just the return of the deposit using a N1 claim form or you can go for the deposit + x3 penalty for non-complaince with TDS if that is the case, using a N208 form.

[storeyboy10]

Thanks for the responses. I have been doing more research around this, and the company involved. The company is not bankrupt yet, they are still an active trading company.

 

I have a few questions which I hope someone can help me with :

 

1. The money is held by the estate agent, and not the landlord. They mislead both the landlord and me (tenant) in stating the money was held in a TDS. Given this, is it still the landlord I should be taking to the small claims court, or the estate agents?

 

2. If the answer to (1) is the estate agents, then should I be claiming against the estate agents or a director of the estate agents. I ask because the company is a small local firm, with two directors - one of whom we were dealing with. Would I have more success against the company or the director?

 

3. Is there any reason why I can't claim against the estate agents in the first instance (or the director) - and if this is not a success (because they are bankrupt) then claim against the landlord?

 

Any advice welcome, thanks.

 

Chris.

[Planner]

1) Again your claim will be against the landlord.

 

2) As above.

 

3) You have no contract with the estate agents. Your have a contract with the landlord and the landlord has a contract with the estate agents.