Who is responsible for putting my deposit in a TDS account?

[wrackard]

I decided to make a separate thread for the deposit issue (my other thread was more about the landlords property being in the garage)

 

The house I am currently living in was let to me through an agent, they had been managing the property for the landlord at least through the previous tennancy, and I paid my deposit to them on 21/05/2010.

 

I moved into the property on 01/07/2010 and within a week of being there (I'm unsure of the exact date) I was informed by the agent that the landlord was moving back into the area and was assuming responsibility for the property again.

 

After having problems with the landlord dragging his feet over removing his property from the garage I found myself at these forums and read up on what they should have done with the deposit, until this point I had not really thought about it.

 

I checked with the agents yesterday (13/08/2010) and they said they had passed on the deposit to the landlord, they did not give a date when this happened, but also told me that he had requested information from them about myself in order to be able to put the deposit into a scheme.

 

I checked with the 3 schemes that are avaliable and non of them have any record of a deposit being registered for my address.

 

The question I have is:

 

• who is responsible for the deposit being put into a scheme, as I paid it to the agent on 21st may, as they were managing the property at the time, should they have put it into an account and informed me before 4th June?
  
• Due to the way in which I leased the house from the agent I also currently have no address for my landlord, will I need his address if I need to take the matter to court or can I quote the agencies address as they were responsible for managing the property, and took the deposit from me?
  

I am quite worried about this as I also have numerous letters addressed to the landlord from Baliffs/collection agencies/banks/inland revenue (judging from the return addresses, I have not opened any) and a brief check of his records on companies house indicate he has been involved in at least one dissolved company, nothing conclusive..but erring on the paranoid side one might guess he has some financial troubles! In which case if my deposit is not protected it may be hard to recover when we leave.

 

Thanks for the help

[callumsgran]

The agency should have put your deposit into the protection scheme (it is their responsibility) and within 14 days given you the details of which one it was with.

I would be suspicious of it ever having been in a TDS as they wouldn't have been able to just draw it out and give it over to the landlord.

You will need the landlords address to serve papers on him, ask the agents for his address and if they refuse tell them you will take them to court for not protecting the deposit in the first place

Good luck

[wrackard]

thanks for the reply callumsgran, however you seem to suggest that either one of them could be liable? or would it just be an empty threat to say I would take the agents to court for not protecting it in the 1st place.

Also would it make a difference that a new tennancy agreement was never made when the situation changed? As I have only ever signed the agreement with the agent listed as the landlords representative.

 

Thanks

[callumsgran]

Have you actually had anything in writing to confirm that the landlord was taking back control of managing your property?

If not then i would say officially they are still in the driving seat, if you havent had a revised tenancy agreement you are still under the agent.

Who are you paying the rent to?

[wrackard]

I have had nothing in writing, no revised tennancy agreement..but I am paying rent to the landlord directly at the moment.

[callumsgran]

Well i would be having a word with the landlord asking him to let you know what deposit scheme your deposit is in and asking him for a new tenancy agreement.

Do it in writing and keep copies