Landlord Deposit Scheme

[Lew_jd]

Hi all,

i have an issue with my deposit on the property i am currently renting, ill start at the beginning.

We rented the property on the 25th of may, we payed the deposit and first months rent to a letting agent, we were then informed that the LL would be managing the property. A few months passed and in the December we were notified that the house was being repossessed and would be auctioned. The house was sold and we got a new tenancy with a new LL. I am currently chasing the original LL for the deposit of £625, we received no proof of the deposit being payed into a scheme and we have been told by the original letting agent that they passed the deposit over to the original LL but again we have no proof of this. I am urgently seeking some advice as to what steps to take in claiming the deposit back from the original LL and where i would stand legally as he is proofing to be extremely uncooperative. any advice would be greatly appreciated.

[LaughingGirl]

Do you have your ex-landlord's address? Usual process would be a letter before action followed by small claims court.

[The Carpet Cleaners]

As far as I am aware, this is not actually your problem, it is the new LL's problem, so you should point out to the new LL that your deposit does not seem to have been protected since he became LL, and it should be.... It is up to the new LL to protect it, and claim off the old one.

At this stage your new LL may not know the full system and rules, so a quiet letter or word should do it. Have you got proof of paying the deposit to the original LL?

[raydetinu]

Agree new LL problem, he has to protect your deposit or be subject to action by yourselves.

you need email or write to new LL for details of its protection and that it is his responsability.

[LaughingGirl]

Yes, I agree. I completely misread the OP's first post - I thought she meant she'd actually moved, not that she was actually still living in the house that was auctioned and sold.

[mariner51]

Until new LL contacts T with Stat Notice that they are Ts new LL, address for service of Notices and new bank details for continued payment of rent, then no rent is payable. All rent remains due, so T should try to contact new LL or auctioneer.

LG, it is not clear whether T moved before sale or is still in occupation. It can be read either way. Perhaps OP can update?

[raydetinu]

did the new agreement acknowledge deposit had been paid?

Tenant remained in occupation, with new AST agreement, I understand from OP.