Need some advice please!!

[paula77d]

Hi

 

I started a AST in Sept 12. I took the tenancy through an independent LA. I paid him 2 months rent as deposit - £1600.

 

Everything was going well, apart from a few issues in the beginning in regard to repairs needed in the house. And about 6 months in to the tenancy, the LL informed me he didn't want me going to the LA any more, he was discontinuing the LA services ... it would appear they had a disagreement of some sort. I already paid the rent directly to LL anyway, so didn't feel there was much change for me.

 

The LL decided to sell his house in Feb this year, giving me a min of 3mths notice. I found somewhere through a different agent and happily moved out a month ago.

 

I done the handover with LL on old house - he was very happy with everything (we had done a lot to the house for him), said he had no issue signing off my deposit - if I got the details from the LA!

 

I contacted the LA, asked him for the DPS details (contract states TDS was used), and he said he gave everything to LL when he stopped his services.

 

Now I'm just over a month down the line, and still no deposit. LL seems to think it is not his responsibility. I have done a little bit of research and sent both the LA and the LL Letters of intent (one I found on the internet somewhere) giving 28 days notice. I sent them Royal Mail signed for.

 

I have the receipt from the LA for everything I paid. I also have the original AST Agreement, Inventory, and I have emailed all the DPS companies, and have emails back from them all saying they have never held a deposit at my address.

 

I just want to check I am doing the right thing, and not wasting my time really. I have planned to raise the claim online after the 28 days. Am I doing the right thing? Am I missing something I should have done? Is this likely to cost more than I get out of it?!

 

Oh ... and can the LA be done for fraud?!?! Since he should have deposited the deposit by law? And ultimately, is it still the LL's responsibility?

 

Thank you for any help or advice you can give me

 

Paula

 

PS .. The LA is now going through Bankruptcy!

[mariner51]

PS .. The LA is now going through Bankruptcy!

 

 

A poss explanation. Contact the Receiver and get yourself listed as a potential creditor for £1600.

Ultimately deposit is resp of LL but did you check with all schemes if your deposit was protected by Ins policy in LA or LL name?

Poss LA did not pay nec Ins premium?

No fraud on behalf of T against LA for deposit non-protection, as LL is resp.

AST deposit statement is meaningless unless it included full, unique PI (unlikely).

If your letter of intent (LBA) effectively said 'return deposit due within x days to avoid poss legal action', then proceed against LL for return of full deposit (less allowable deductions)

Leverage with LL is that he failed to ensure that deposit was legally protected and open to future non protection claim/penalty for 1-3x

deposit amount

[paula77d]

Hi

 

thanks for reply

 

Ok ... I wasn't sure if LL was ultimately responsible or not!

 

The LA admits he didn't protect the deposit.

 

So I just forget the LA altogether then ... just chase the LL

[paula77d]

Hi

 

thanks for reply

 

Ok ... I wasn't sure if LL was ultimately responsible or not!

 

The LA admits he didn't protect the deposit.

 

So I just forget the LA altogether then ... just chase the LL

 

Yes, checked with all schemes mentioning my details, address, LA and LL details - all say nothing registered