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No TDS scheme apparent


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Hi,

 

I have just moved out of my property and moved into a new one. I was told that I would receive my deposit back within 10 days and that I would be told if there were any problems. My contract specifies that I will be told in writing if there are any deductions made from my deposit. Today, I got my deposit back into my bank account with £108 deducted from the total amount. I have had no notice that there would be any deductions made, and no information as to what these deductions are for. I then went to look through my contract. When I signed the contract, there was a clause that said that my deposit would be held by the Tenancy deposit service. It appears that no such thing exists and I have checked the other deposit services but there is no record of my contract. When I moved in, I didn't think to question this but on reflection I received no confirmation of my deposit being held in a scheme. I particularly noticed this because my new landlord notified me straight away and I received conformation from the DPS when my deposit went in. Also, the managing agents asked me for my bank details to return my deposit into. Of course, that again should be something dealt with by the deposit agency.

 

I have had numerous problems with the agency and landlord. They have accessed my flat with no notice or permission, given me less than 24 hours notice on many occasions, left the property without a postcode for 2 months, left the fuse box and electricity meter unsafe after telling me it should be boxed in...the list goes on. Of course, when I moved in I should really have twigged that I had had no information through from the deposit service. I also signed my tenancy with one agent who did not make it clear that for the rest of the tenancy I would be dealt with by an entirely different agent.

 

Anyway, I would really like to know if there is anything I can do. I realise it is kind of 'after the event' now, but I feel really angry that they have returned my deposit with deductions without informing me and that it now seems apparent that I was completely deceived about the deposit scheme in the first place.

 

Thanks!

 

Sarah

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As to the fact that the deposit was not protected, you would have very little - no chance of getting any compensation, however what I would do, is write to the agent asking for the balance of the deposit, as there is no reason in writing for there to be a shortfall, and if you do not get it within 7/14 days to treat this letter as a letter before action to claim the missing deposit via the County Court.

 

This will either get you the missing money or, a written letter saying why there is a shortfall. If the latter then it is up to you to decide if you wish to persue the matter any further.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Personally I would also inform the local trading standards that the agent does not deal with deposits using the protected schemes. Even if the deposit was passed onto the landlord, as it passed through the agent the agent should ensure that the deposit is dealt with properly - ie they place it into one of the three recognised schemes and DO NOT pass it onto the landlord. The only way an agent can get around this is if the agent doesn't handle the deposit which is paid directly from the tenant to the landlord.

Edited by R J Dearden
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