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stevo72
19-10-2009, 19:15 PM
My landlord has not returned my deposit - as the agent have not returned it to him - and its 10 weeks since i moved out.


The deposit was protected under the TDS insurance scheme but the landlord told me the agents were removed from the scheme for not satisfying some financial standards so TDS are saying I can not claim (and as landlord is not disputing i am owed the money they say its not there prob)

The agent supposidly joined a new scheme , but i was never given any details of this (and assume it was never carried out ) the landlord renewed my contract in May (and i paid him directly as the agent were not passing my rent on)but he was happy to leave the deposit with the agent

I am now abroad and am going to sue the landlord (he thinks its not his responsibility ) can i do this through

https://www.moneyclaim.gov.uk
or do i need a solicitor the deposit is 2300

thanks

westminster
19-10-2009, 23:37 PM
I am now abroad and am going to sue the landlord (he thinks its not his responsibility ) can i do this through

https://www.moneyclaim.gov.uk
or do i need a solicitor the deposit is 2300


I'm assuming the rental property was in England or Wales?

How much was your rent per annum? Was it over £25,000?

How long are you planning to stay abroad?

stevo72
20-10-2009, 11:43 AM
No the rent was just short of 20k per year.

I will be away a few years.

The basic prob is the landlord thinks as the agents had the money (he agreed to a full return via email when we left)

its not his responsibility to pay as the agent after several promises has not repaid the money and its 10 weeks since we left.

The landlord is blaming the postal strike to day as he wants his solicitor to look at the contract , we are probably going to hire a solicitor today (one who has a fax) and start legal proceedings.

stevo72
20-10-2009, 11:51 AM
Can anyone answer this

Whatever an agent does with a deposit - (the contract still states the landlord as the owner)

Then if the agent does not repay it (just excuse after excuse)
and TDS stopped insuring the deposit in April as they were not in the accepted sector acreddited bodies, so they wont help.

My only option is to sue and the landlord as he must have the accountability for his agent ?

westminster
20-10-2009, 11:54 AM
I am now abroad and am going to sue the landlord (he thinks its not his responsibility ) can i do this through

https://www.moneyclaim.gov.uk
or do i need a solicitor the deposit is 2300



The claimant must provide an address in England/Wales. As you're not resident, you'll need a legal representative to conduct the case on your behalf.

If you're claiming just for return of deposit, the claim can be issued using MCOL. However, your legal costs may exceed the amount claimed and you won't these back in the small claims track.

If you're claiming under s.214 for failure to comply with deposit protection, you can't use MCOL - there are new guidelines and form N208 must be used. Show this to your solicitor:

http://painsmith.wordpress.com/2009/05/21/proper-place-for-tds-claims/

Bear in mind that you may lose the claim if the LL belatedly protects or returns the deposit, and has a good advocate to argue his defence.

jta
20-10-2009, 12:00 PM
The deposit was protected under the TDS insurance scheme but the landlord told me the agents were removed from the scheme for not satisfying some financial standards so TDS are saying I can not claim


That sounds a bit odd, presumably TDS accepted the insurance fee when the deposit was first protected. Therefore they have a responsibility. I can understand them not accepting any more new business from the agent but I cannot see how they can renege on an agreement already made.

OP have you asked the other Deposit protection schemes if they have your money?

westminster
20-10-2009, 12:04 PM
Can anyone answer this

Whatever an agent does with a deposit - (the contract still states the landlord as the owner)

Then if the agent does not repay it (just excuse after excuse)
and TDS stopped insuring the deposit in April as they were not in the accepted sector acreddited bodies, so they wont help.

My only option is to sue and the landlord as he must have the accountability for his agent ?
The agent acts on behalf of the landlord. The landlord is ultimately responsible for protecting the deposit.

If you are intending to claim under s.214 of HA 2004, whilst the statute does allow you to claim against the agent as an alternative, it's more straightforward to claim against the LL, the party with whom you had a contract.

jta
20-10-2009, 12:06 PM
What Westminster says is right, but have a look at this:-

http://www.thedisputeservice.co.uk/resources/files/TDS%20A%20Rules%20of%20membership%202nd%20edition. pdf

Particularly page 17.

stevo72
20-10-2009, 12:08 PM
TDS letter

"Thank you for contacting The Dispute Service.

We are unable to become involved as the Landlord has authorised the release of the deposit.
We would suggest that you speak to the regulatory body for this Agent as they can advise you further. You can find their details through correspondence with the Agent and the details may be stated on the website."




But the agent does not belong to the regulatory body , and this was insurance based , so i guess they never had the deposit in cash , just a payment to insure it.

So the landlord agrees payment , agent cant get funds (we assume) so i get
fleeced ?

So i will have to get a solictor the owner is a director at a large international property investment company so i think he is playing us for fools.

Any solicitors on the site need some work , (i can take the hit on cost as a matter of principle )

thanks

westminster
20-10-2009, 12:09 PM
That sounds a bit odd, presumably TDS accepted the insurance fee when the deposit was first protected. Therefore they have a responsibility. I can understand them not accepting any more new business from the agent but I cannot see how they can renege on an agreement already made.

OP renewed TA in May, and says "TDS stopped insuring the deposit in April". It sounds like TDS refused to re-protect the deposit.

stevo72
20-10-2009, 12:12 PM
We were never informed that the deposit was not protected by TDS and they are not being helpfull.

I have to go to work now 7.15 am here .

But thanks for your help opinions