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Hi

 

First post for me on this forum. We moved out of a rented flat in July after 9 months (6 + 3). There were plenty of problems with the flat that were not dealt with in a timely manner or at all in some cases. We are quite happy to let these problems be however. After moving out, we did not receive word of our deposit and contacted the letting agency without reply. By the time we got round to finding out officially what had happened, we had gone over the 90 day limit. We have never received a letter from the TDS despite our deposit being registered with them and certainly did not receive the letter informing us of the 90 day limit.

 

The TDS say that the deposit was deprotected in August, a month after we moved out.

 

Is there anything that we can do about this or have we lost the deposit?? Any suggestions gratefully received.

 

O

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Several things, and I hope some regulars will correct me where/if I'm wrong.

 

Write to your landlord/la and tell him to pay you back the deposit. Tell them they have failed to protect your deposit in time (they should've issued you with proof of protection within 2-4 weeks after you moved in), also tell them that if they don't pay it back you will take them to court, where they are most likely to pay your deposit + 3x the deposit fine. Just because the protected it too late doesn't mean they didn't break the law in the first place.

 

If they don't respond you can use the LBA template found in the stikies here to draft a letter, which I am sure the regulars will help you with and make corrections in needed.

 

There are quite a few similar cases found here where the landlord/la protected the deposit after the tenants moved out. Do some reading around here, it will be informative and will help you get an idea of your rights.

 

I do not think you have lost the deposit. The whole TDS is not relevant as they protected it after you have moved out. Try to get written confirmation from the scheme confirming it was protected after you moved out. I'm sure you have the notice letters and other evidence to proof you moved out before they quickly put the deposit in the scheme. And even if it was protected, and the 90 days expire doesn't automatically means the deposit is now for the landlord/ta. It is your money. As long there are no deductions to be made you should get the full amount back. As I said before, they are liable to a fine 3x your deposit. They most likely protected it quickly to prevent such a thing, but too little too late if you'd ask me.

 

I hope this helps.

 

Please any regular member correct me where I'm wrong.

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StevenT, the OP said

 

"The TDS say that the deposit was deprotected in August, a month after we moved out."

 

I assume this means it *was* protected, and then released at the end of the tenancy (presumably because the OP didn't contact them in time).

 

Options seem to be to complain to TDS and see if you can get them to deal with the deposit.

 

You can also proceed to a court claim - use of the TDS scheme is not mandatory. You should perhaps make it clear in your claim why you were unable to use TDS.

 

Possibly you could issue a claim about lack of being informed of the TDS protection, but it may be difficult to prove after 6 months, and it's apparently more expensive to pursue.

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Thanks for the replies

 

Just to confirm, the deposit was protected even if we didn't actually find out about it until after we had moved out. I think I will try writing officially to the landlord and then, if they do nothing, I will try a court claim. I will also contact the TDS.

 

Cheers

 

Odonate

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