Letting Agent refusing to give back tenant's deposit

[Phalk67]

Hello,

Bit of background: I've let my flat last November through a LA, the tenant's deposit was put in a TDS. I've terminated my service agreement with the LA in October and signed a new AST with the tenant leaving a couple of days between old and new AST. Both the tenant and myself have asked the LA to return the deposit but they have refused. The LA service agreement doesn't say anything about the tenant's deposit, it only mentions holding fees to protect the agent against administrative expenses in case a tenant withdraws the application.
I've rang the TDS people but they can't help because they only deal with disputes between landlord and tenant.
So, what next? Small claims?
Any views/advice most appreciated.

[Paul_f]

From what you say the deposit is subject to one of the insured schemes rather than the Custodial Scheme. The Dispute Service Ltd (which is possibly what you mean) will deal with the matter even if the letting agent retains it as they will be asked to send it to them. If you and your tenant approach TDS Ltd jointly it should resolve it.

[Phalk67]

Sorry about the misunderstanding, yes, I approached The Dispute Service Ltd. and they said they can't deal with it because it's not a dispute between landlord and tenant. Must have spoken with someone with a warped sense of humour. Anyway, I just rang them again and got a more sensible answer so I can start a dispute.
Thanks for your answer and wish me luck.