PDA

View Full Version : Deposit protected with TDS, Landlord has 2 days to respond to EA's emails... Advice?



moonmug
20-09-2011, 08:41 AM
Hello, I have a query that I cannot seem to find the answer to. I am guessing that posting on here will probably get me the answer fairly quickly.

This is not a dispute about deductions within my deposit, as there are none. My landlady does not live in the country, and she has always been difficult to contact (sometimes I think she ignored correspondences between the estate agency as she refused to make repairs to the property, etc).

Legally our deposit has to be returned to us by the 15th working day from the end of our tenancy, which is Friday. She cannot make a claim for deductions unless she does it by Thursday. She has had warning emails from our estate agency to respond with a final decision, as well as emailing her father, and both are not responding.

Our agency said that although if she doesn't respond by Thursday, no deductions can be made on the deposit, the money cannot be released until the Landlord puts it in writing.

What am I supposed to do? It sounds like although legally it needs to be returned by Friday, the estate agency don't have to grounds to give it back to us without her written permission?

I understand I might have to take this up with ICE or go to court, but all the information I found when people have to do this, is to do with disputes about deductions from the deposit, not the return of it.

If someone can give me some useful advice as to what I can do, I'd really appreciate it. I am at least glad that the money is protected in some way, or she would probably just never have given it back. I don't want to have to spend money by taking her to court, I don't even have the money to do that. I currently cannot move house properly (currently in a bedsit) until the deposit is returned to me. A very frustrating situation.

Thanks in advance!

jrsteeve
20-09-2011, 09:02 AM
It sounds like the agency manage the property, as such should be able to act on the landlord's behalf as long as all due diligence has been performed. If they don't manage the property and haven't inspected it then they should wait for a response from the landlord.

Contact the TDS and see what they suggest.

moonmug
20-09-2011, 09:06 AM
Yes, they manage it - they have a small allowance of £250 per year to fix things and eveverything else has to be authorised by the landlord.

OK, so you are saying the estate agency themselves should have the grounds to get the money to us?

The estate agency, KFH, use Compass inventories to do an impartial inventory check-in and check-out. The report was made ages ago, the Landlord needed to agree/disagree then the money would be released.

Thank you, if I have not heard anything on Thursday I will call TDS up for advice.

Snorkerz
20-09-2011, 11:51 AM
Insurance-based scheme contact proceduresIf the landlord uses the MyDeposits scheme or the Tenancy Deposit Scheme (TDS), the tenant can apply to the relevant TDP provider - or 'raise a dispute' - to get their deposit back.
Landlords that do not respond to requests for information from the schemes can be expelled from the scheme. If this happens, the tenant's deposit is still protected and will be refunded by the scheme's insurers if the ADR service decides this is fair.


http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1085509116&type=RESOURCES