Agent not returning the deposit

[rr56]

Hi All,

 

I moved to UK last year and entered into an assured short term tenancy. My Rent was fixed at 1150 PM. I have paid a deposit of 1725 (six weeks rent) which was kept by the agent. Since I was new to the country therefore I was not aware of the TDS at the time of signing the rent contract.

 

There is no mention of TDS in my rent agreement which I guess is mandaory. I have checked with all the three TDS provides and they have no record of my deposit with them.

 

I have moved out of the property on Aug 4 2012 after 11 months giving due notice to my landlord. My land lord submitted a bill of 310 pounds towards cleaning, etc.. on Aug 16, 2012 which I agree to and have no dispute regarding it. While submitting the bill to the agent (via email) my land lord has clearly told that there are no unpaid rent and to release my deposit amount after deducting the cleaning charges and deposit the deducted amount to my land lords account.

 

Since then both my land lord and me are trying to chase the agent but there is no response. I have talked on phone, emailed many times and even met the agent personally to sort out the issue but I am only getting excuses that she was out of the country or was un-well and even that she had transferred the amount to my account but somehow it failed.

 

I have already sent mails that I will be taking legal action ( on Aug 31 and on Nov 3 ) but agent is just not ready to even acknowledge this.

 

1. I want to know what should I do ?

 

2. Can I go directly to court as I have already sent emails where I have mentioned that if I do not receive my money back by a date I will go to court (31 Aug)?

 

3. If I want to hire a lawyer .. will his cost be eligible to be paid by the agent ?

 

4. If my agent pays me the amount say within a week.. am I still eligible for compensation for failure to deposit in TDS? If yes then what is the process?

 

5. What are the chances of my winning the compensation if I chose to go to court and what will be the cost?

 

6. What is the normal duration of such court cases as if it takes quiet long to get judgments then it is not worth it?

 

7. Can I go to small claims court for compensation and return of the deposit amount as it will be more than 5000 pounds (1725 X 3) plus my deposit amount and interest and legal cost?

 

Hope I have not asked my too many questions but as I am fairly new in UK I am not aware of my legal rights in such cases. Thanks for all the help.

 

Thanks,

 

RR

[mariner51]

Ultimately, LL is resp for deposit, not LA, who is only LLs 'agent', but you seem to have LL on your side. Yes since 5 May 12 you can sue for non-protection, even if deposit has been repaid, but the action should be via , multi-track path, not SCC. and this will cost you £1000+ in up-front Court fees and open-ended defence costs if you lose.

Level of compensation is 1-3x deposit, based on 'intention' & for the Judge to decide the multiple.

Interest on deposit is not payable to T and will only accrue from date deposit should have reasonably returned eg 14 days after T ended at a max rate of 8% pa (say £10 per month on £1400) 5% pa would be more usual.

 

Talk to your LL and accept agreed depsosit less T costs if paid within 7 days and let him sue LA for £1750 deposit.

Prob the quickest and cheapest option for you IMO.