Letting Agents out of business

[Jessica23]

Hi all,

 

So I'll start at the beginning.

My partner and I moved into a house on the 7th August 2010. My partner signed the contract and signed two cheques, one for the first months rent and the second for £450 deposit, to be paid to the DPS.

We settled in nicely and enjoying our first home together

On the 30th November 2010, I received an email from our letting agent, stating that they would no longer be responsible for collecting out rent and gave us the landlord's details to pay future rent to.

We were informed that his brother would be dealing with the property.

In January 2011, 5 months after moving in, we realised that the deposit cheque had only just been paid. This was from out joint account, that we put money into and don't really check.

We never received a deposit ID for the payment, and as neither of us had used the scheme before we didn't even realise that we needed one until research after we had left.

We gave our one months notice in august 2011, and left the property in September.

Fast forward to June 2012 and we have still not got our deposit back, despite emails back and forth between myself and LL's brother.

Because we don't have a deposit ID, he says he cannot release the deposit. So I stated that if he contacted the DPS and gave them proof of ownership of the house, and a letter stating the letting agents were no longer in business, that should be enough to release the deposit. Is this correct?

He states that he does not have a letter stating they are no longer operating and so is unsure as what else to do?

Should my partner and I move onto small claims court?

Or is there another way?

Thanks for reading!

[rebel11]

Hi jessica

 

Welcome to CAG

 

If the letting agent has gone bust then it's the landlord that you have to claim the monies from. It's surprising to see that it's taken so long for the cheque to be cashed. It might be an idea to check with the various deposit schemes if the money has been lodged with them first. Whether they can provide you with the relevant information.

 

Deposit Protection Service (DPS)

MyDeposits

Tenancy Deposit Scheme (TDS)

 

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

 

If it's still not resolved here's further info:-

 

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits

 

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[raydetinu]

You need to put this in writing to the LL ( recorded ) that you want your deposit back asap and give them 7 days to respond or will take them to court.

IT is LL responsability to return deposit, he can sort it out with DPS or whoever later.