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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Lost deposit, doesnt seem fair

115 replies

lostmydeposit · 02/11/2017 14:06

I accept I may BU here but as I'm going to learn a 4 figure lesson I think I can ask...

I rented a property. It was first property I'd ever rented so I didn't know how it worked exactly. I paid my deposit to the letting agent. I was told it had been protected. There was no check in nor check out. My landlord was resident abroad (somewhere in the Caribbean, Caymans I think) for tax purposes so I never met them.

I was going through a lot of personal issues when I left, police etc were involved. It was a difficult time. I was also working 300 miles away.

With everything going on, it was only once stuff calmed down a few months later that it occurred to me I'd not had my deposit back. Id had no contact with agents so contacted the co who were protecting the deposit. They said as it was more than 3 months from the end of tenancy I was too late, and they didn't hold the deposit it was with the agents. My only recourse was to them.

I contacted the agents. They said they had never held the deposit and id need to contact the landlord. Except as landlord is abroad that's basically impossible, and I cant even take it to small claims because I don't have an address in UK for the landlord!

I know now I should have done something in 3 months. I had so much other crap going on, plus I didn't know there was such a strict time limit. It just seems so unfair I'm now a grand down and have no recourse.

OP posts:
OnionShite · 03/11/2017 17:50

You can make a request to the agency for all information they hold relating to you. If there's nothing about the deposit in there when you get it, given that you've proof it was sent to them by the scheme, get the ICO involved.

Original poster
lostmydeposit · 03/11/2017 17:56

The agents are being a bit shitty in the replies. I get the feeling something has been cocked up somewhere. I'm not going to let it lie. I just want my money.

Obviously if the agents have screwed up and shouldn't have sent it back to the 'LL, and have to reimburse me, I know they will struggle to get money back from LL (afaik they don't act for them any more). But that isn't my problem and they're a big company not just a one man band.

Just wanted to say thank you to everyone for your help advice and support. Means a lot Flowers

OP posts:
Sunnyshores · 03/11/2017 17:59

Onions right, you can make a freedom of information request (not called that?? Data Protection?) You need to see your original contract etc from the Agent and you need to see the deposit schemes info. If ithe legal Registration of the deposit said it was held by the Agent, then thats that - whatever they say.

Ttbb · 03/11/2017 18:00

But your contract was with the wrings agents wasn't it? Do you have your contract? Surely they are responsible for all communications between you and the LL? Maybe just threaten to call the police for theft if they fail to either return your money or get you in touch with theLL?

kali110 · 03/11/2017 18:03

I threaten them and say i was taking them to small claims.

Sunnyshores · 03/11/2017 18:06

If youre going to small claims you will need all your documents from Agent and Scheme, so you need to get those first.

DoubleDinghyRapids · 03/11/2017 18:27

My landlord lives abroad and he hires an agency. They are responsible for managing payments and checking and stuff, our deposit was paid direct to agency, and we get regular letters about the protection scheme and the contact details of scheme, my agency have said if we move it’s their responsibility to to return out deposit to us, landlord only gets rent transferred after agency costs, I’m nit certain but I think my agency is named on the paperwork as who has placed deposit with them.

LazyDailyMailJournos · 04/11/2017 08:55

If they refuse to respond then send a Subject Access Request - details of what a SAR is can be found here on the Information Commissioner's Office website

They can charge you a fee of up to £10 but will be obliged to give you a copy of all of the personal data they hold on you.

If your deposit was paid to the agency - and you can get the paperwork from them to prove that - and the DPS records show that the agent was the holding party, then the agent is responsible for refunding the deposit to you. Someone's fucked up and I get the impression they're hoping that if they stonewall you then you'll go away. Be persistent - good luck.

Ellendegeneres · 07/11/2017 12:03

Any update op?

BreakfastAtSquiffanys · 07/11/2017 12:10

Is the lettings agent part of a larger agency which also deals with sales of property? Do they have a High Street presence?
If so, I'd hang around at the weekend until they have other clients in the office, then I'd go in and start complaining in a rather loud voice

Original poster
lostmydeposit · 08/11/2017 17:50

Thanks for asking. Not much update unfortunately.

The letting agents are adamant they passed the deposit to the landlord shortly after receiving it from me. They haven't dealt with the landlord since then (2 years before I moved out) so the only address they can give me is probably not current.

I can send a letter but it may be futile if they're not there.

OP posts:
Original poster
lostmydeposit · 08/11/2017 17:53

Meant to add, letting agents say they're satisfied they've done all that's required and their lawyers have told them to tell me to seek legal advice.

I tried contacting their regulatory body. Apparently though they're only advisory not regulatory so are not getting involved.

OP posts:
Gazelda · 08/11/2017 18:08

What advice are Shelter offering?

CaeDyGeg · 08/11/2017 18:16

Your estate agents are lying

You need to get legal advice and start legal proceedings.

Original poster
lostmydeposit · 08/11/2017 18:38

Shelter said that if letting agent say landlord has deposit I need to pursue landlord and do letter before action etc. Obviously though if I can't find uk address for landlord that's tricky.

OP posts:
CaeDyGeg · 08/11/2017 19:05

You need to speak to the deposit scheme and ask for proof the transfered the deposit back to LA.

When my deposit was in a scheme I was emailed at each action. The deposit went straight back to me not to the LA.

Which deposit scheme was your deposit protected in?

Sunnyshores · 08/11/2017 19:32

The Deposit scheme has all the info you need - whatever they say is what legally happened.

Either the Agent registered it (under their individual membership) or the Landlord did (under their individual membership). Whoever registered it, would then have sent the Scheme proof they couldnt find you and would have had it refunded.

You need to request info from them, that is the proof of what happened.

MarmiteandToast · 08/11/2017 20:10

Sorry you've not got much further yet OP, fingers crossed for you

CaeDyGeg, I think it's unlikely the agents are liking. It's quite common for landlords to instruct agents to source tenants only and then manage the property/hold deposit themselves. It leaves the agent in a difficult position as they'd not have known that this wasn't sorted and don't physically hold the funds themselves. The landlord may even have instructed them not to get involved at all beyond set up of tenancy.

OP has said that the deposit is registered with but not held by the deposit scheme. It's likely to be registered with either mydeposits or TDS. As far as I know the only custodial scheme is DPS (although they've recently added insurance backed registration so it could be registered with them too as insurance rather than custodial).

The scheme therefore won't know if deposit was returned or to who; they are simply there in the event of a dispute (dispute could mean tenant hasn't heard from landlord) but have a three month limit. After that the parties can go through small courts.

The advice Shelter have given you sounds right. Out of interest, does the tenancy agreement say deposit is held by landlord (will normally say as stakeholder)?

Good luck with letter before action! Any luck finding contact details online or writing to them to overseas address to remind them it's outstanding in case it's just been forgotten?

MarmiteandToast · 08/11/2017 20:11

Unlikely agents are lying, not liking!

RandomMess · 08/11/2017 20:17

It should have been returned automatically, you should never have had to ask!!!!

Sunnyshores · 08/11/2017 20:25

The scheme WILL know who registered it. Just because agent or LL physically held it in their bank account, the deposit still has to be registered (recorded, given a reference) as x deposit from x held by y etc etc. and paperwork should still have been sent to OP at the begining of tenancy and at the end. And it should have been stated in the Contract.

OP has already been told by whichever scheme that it has been registered by the Agent. OP now needs to get that in writing (disclosure form or whatever its called) and he can go to the small claims court.

This isnt as complicated as it seems.

MarmiteandToast · 08/11/2017 20:26

You are right RandomMess but it hasn't been so makes sense to ask for it!

BexleyRae · 08/11/2017 20:33

If your tenancy stated the agent held the deposit at the commencement of your tenancy, then the agent needs to show a paper trail where they advised you the deposit was going to be transferred to your landlord and provided you with details of the new deposit registration details

RandomMess · 08/11/2017 20:37

Just fuming on Op behalf I had to send a very curt email asking on what grounds I hadn’t received our deposit back asking for a breakdown and evidence then it miraculously appeared. Just felt like they hope you forget!

MarmiteandToast · 08/11/2017 21:14

It's super annoying isn't it - glad you got your's back though! Hope OP's does follow shortly