Tenancy Deposit Scheme

[Medievalist]

Can someone please explain to me how this works. DS moved out of a flat 2 months ago and still hasn't had his (my!) £800 deposit returned. He says it's held in the tenancy deposit scheme but is finding it very difficult to get through to the letting agency.

He's very busy with work and I'm sure hasn't had time to sit on the phone on hold. I'm just wondering what we can do next to try and get them to return it (I'm sure they'll find some reason to deduct some of it). Not sure if they'll talk to me - though I was his guarantor.

Should we start threatening legal action? If so does anyone have any advice on what we should say?

So frustrating!

The TDS will have a dispute resolution service. Contact them (details on the certificate) and say that the deposit has not been released. Tell the letting agent in writing that you are doing this. You will get the money back (less any reasonable deductions)

It's actually the tenant who has to request the deposit back
If he logs into the TDS site (or whoever it's with) - he should have set up a login and password when he was told it was with them or whoever.
If he logs in it will have a button saying request my deposit back. Then it will go to the landlord/letting agent who will say yes you can have it back or that they don't agree and the dispute process will start

It's not just the tenant who can request it back - landlord/agent can start proceedings also

However, tenant CAN start proceedings also so get your son to log in to the scheme and request full deposit back. This should trigger a timescale with which the landlord/agent will have to respond - I believe 30 working days. If they don't respond within that time the deposit will be returned per tenants instructions.
Landlord/agent can put in claims against deposit during this time. If they do, tenant still has the right to dispute those claims also and going to dispute will open a different path for return

There are 3 tenancy deposit schemes. I suggest he contacts each of them to find out who is holding his deposit and request it back.

When signing the contract he’ll of been given / emailed the deposit prescribed information sheet, which gives the contact details so u can get the deposit bk

All useful stuff - thank you very much. He's visiting us at the moment and can't remember which scheme his deposit is being held in. But is certain he still has a paper copy of his contract and will look into it when he goes back at the weekend.

I'm so annoyed that they've not just returned it - even minus whatever they're bound to take for spurious reasons - and that he hasn't put more effort into getting it back! He's just been ringing the letting agency who apparently never answer the phone.

If the deductions look excessive the dispute resolution process will determine if they are reasonable or not

You can check each of the 3 online if they hold your deposit. It doesn't even take 10 minutes.

I don't believe in this day an age, a grown man doesn't know how to search on the internet/phone up a company 🤦🏼‍♀️ He's just being lazy because its your money not his.

Honestly, if he doesn't seem to be doing much about it, I'd be thinking he's had the deposit returned and not given it to you 🤷🏼‍♀️

@EveningSlush He's been staying with us this week and has tried putting all the details into the 3 online agencies without success. I presume he's not remembering the precise amount of the deposit. He only has a paper copy of the tenancy agreement which is back in his new flat so he'll have to wait until he returns. The letting agency aren't answering the phone.

It's the first flat he's had. He's in the 2nd year of an apprenticeship and he's had a helluva lot going on in his life the last few months. The landlord/agency he dealt with last year were pretty unpleasant/unhelpful (hence the move) so we fully expected there to be an issue over returning the deposit. He has no reason to lie about this as I've said I wouldn't be cross with him if they don't return most or any of the deposit (though I will of course be furious with them). I've also told him all along he can keep whatever they do return as I've been so impressed with the way he's managed his finances last year on an apprentice salary.
So please don't make assumptions and sweeping statements about someone you know nothing about.

Yeah... I bet he's spent it already...