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Tenancy Deposit Scheme - my money was taken out of the scheme and I wasn't told

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Do I have a case here?

 

We rented a property where the tenancy ended 2nd June 2010.

 

We had an inspection with out Landlady on 1st June and she commented how well kept everything was.

 

We then received a letter stating how upset she was with the state of the flat.

 

We replied disputing some of the problems she had listed.

 

We received a reply from the Landlady's husband on 18th June saying she was in hospital but will reply within the next couple of days.

 

We have not heard from her since.

 

Being slightly concerned, yesterday I contacted the Tenancy Deposit Scheme where our money was being held.

 

They told me that the money was no longer with them and to contact the Agent.

 

I contacted the Agent who said they held the money and we needed to resolve the dispute with our Landlady and then they would instantly give us the undisputed amount.

 

We were not told our money was moving.

 

Our Agent would not give us an exact date of when they have changed Schemes (became a bit vague) and said they had not informed us as they did not have an updated address/contact details (which our Landlady had).

 

From what i've read the Agent must keep the money in a Scheme so any issues can be resolved independently and let the tenant know.

 

Do you think we've got some sort of case here?

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Have a look at 214(1)b

 

Housing Act 2004 (c. 34)

 

(1)Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds—

 

(b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme

 

That sounds a bit like your case.

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