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TDS expert advice needed. LL does not reply to requests for the return of my tenancy deposit.

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Hello,

 

I rented a studio over 4 years ago through a London Agent; standard AST. The Agent secured my deposit (over £1000) with TDS.

After one year my LL decided she did not need the agent anymore and offered to rent the flat directly to me. This, according to her, saved her some money to proceed with the needed repairs.

I have been renewing contract (no changes in there) for the consecutive 3 years since then. Due to her numerous failures to carry out repairs (leaks, mold, poor insulation, lack of heating - literally she removed electric heaters from the walls to make the flat look bigger, fuse box issues - lights tripping out the box on a daily basis, boiler issues, shower power issues plus criminals next door, with their drug-related behaviour 24/7), I had enough and decided to move out, ending the contract in 2017. I gave her 2 months notice, but according to the contract I did not have to.

She was extremely unhappy with my decision. On the same day she gave my private phone number to an Estate Agent; without permission&behind my back. They informed me that my LL decided to sell the flat and they would need immediate access to take pictures and show the property to potential buyers. I was speechless. I looked at my contract only to find out that she was in breach. The contract states that if the LL intends to sell the property, the tenant must be informed in writing 2 months prior the notice of intention to sell.

Anyway, for the 2 months I have been harassed by my LL and Estate Agent so much, I had to take sick leaves as I was not able to perform my duties at work (she had known that I work nights only).

On the day of my move she broke into the property (the police were called by my neighbours) and changed the locks.

 

It's been over one month now and she does not reply to my requests for the return of my tenancy deposit.

 

To cut the story short, when the new AST was up in 2016, she delayed it until the next month. She claimed that because of her delays in paperwork my deposit was protected for the time being as periodic, but she would protect it in full once the contract was signed.

 

In 2016 I did not receive any reminder from TDS that the fixed term was ending and that action was required so that protection of the deposit continues ( this is what they say when asked about clarifying whether a LL complies with their rules).

 

In the middle of my 2016-2017 tenancy I checked TDS (I had no reference number, nothing regarding the full AST deposit protection scheme from her). The only way I could check my deposit was by inputting the start date of the tenancy and full name on their website. The TDS could not find my deposit. I asked my LL about it and she said, blushing and stammering, that the deposit was in her account.

I was at my wit's end so I tried to find my deposit with a reference number on periodic one. It turned out it's been periodic. My contract for the year 2016-2017 was not periodic.

The previous deposit protection was fully registered and says: Tenancy start xx/xx 2015. Expected to end on or after xx/xx/2016.

Can anyone advise how I pursue TDS and my LL about this?

All advice/experience with LLs and TDS much appreciated. Thank you

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you can sue for the non protection of the deposit. Speak to SHELTER about the ins and outs of the TDS if you dont get timely advice but as it was with her she is the one who will carry the can so expect to name her in any court action.

If you want to sue her for breach of the DPA for passing on your phone number you can, the harassment that resulted from this may be taken into account but the amout you can claim will still be small, say £250 but added to the claim for the deposit non protection it will add up to a reasonable amount and the debt, if not paid in time can then be moved up to the High Court to enforce

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