Lost deposit, doesnt seem fair

[lostmydeposit]

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.

I don't have any paperwork unfortunately. I think it was lost or thrown away when I moved.

The agent registered the deposit with TDS. However after doing so they gave the deposit to the landlord.

TDS won't say if the agent told them this, or if they had to tell them.

The reality is that if the address I have is not a current address for the landlord - quite likely as its years old - i won't be able to contact them or get my money back.

It seems unfair. Basically if you're a dodgy landlord you can just sit on the deposit and know that if your tenant doesn't have your address, once 3 months have passed they have no chance of getting their money back.

One thing the agent can definitely provide you with OP is the tenancy agreement and paperwork, I'd certainly insist on that

Letting agents say they've archived or destroyed all that paperwork. They can retrieve if in archive but it will take several weeks.

Until now it had sounded like they'd not done anything wrong but I think it is very poor not to have an electronic copy of documents to hand. I appreciate hard copies might need to go into appropriate archiving for data protection reasons but they definitely shouldn't have been destroyed! Should be kept for at least six years from the tenancy end first.

ask them for the archived copies as if you need to take further action you will need it

Yes, retrieve.

Can you find out landlord's name? you might be able to google and find something out, if it's someone rich. Failing that, ask agents for as much contact detail as possible. They might still be in the same place, or if it's c/o an accountant or PO box you might be able to find out/contact them through that

The agency sound rubbish. Surely they should give you the deposit back even if they don't hold it? Aren't they being paid to deal with the tenant so that the LL doesn't need to?

OP - TDS have to keep records of the deposit, who registered it, when or whether it was transferred to LL, when it was repaid to you (or kept as in this case). You HAVE to get all their records from them and you can.

So, the agents are looking for their file.

TDS have just said they can't get involved as it's beyond 3 months and deposit was never lodged with them.

However I did manage to find some paperwork sent to me after I'd moved in, by the landlord, saying THEY had lodged deposit with another co.

I think what happened was after the agents and LL parted company (well before I moved out) LL must have decided to protect deposit themselves. Seems crazy though, I've never heard of deposit being protected twice.

So I've contacted the other deposit co, no reply yet.

I don't know how you would do this, but surely there is now a new tenant in your old residence with most likely the same landlord. You could potentially ask the person there who the letting agent they dealt with was (could be the same one) and do they have any current details for the landlord?

That's good news though - if you can get hold of that paperwork (the LL protecting the deposit in another scheme) then you should be able to get an address, and then small claims is open to you.

Still not had any response from the second deposit co. I've now emailed them 4 times.

I am getting to the point of giving up and just writing the money off.

There are only three deposit protection schemes for England. Try the third one too.

You misunderstand me. I've got paperwork telling me where landlord put the deposit.

I've written to that co several times.

They're just not replying.

I know which company it is, I just can't get a response.

Ah , right. Is there a phone number? Failing that, try Twitter which is the last resort to get lazy sods to do some work .