Rental deposit return issues, not so straightforward, need advice

[ohfiddledeedee]

Hi all, semi-regular poster, NC for this. Hope I've set the scene sufficiently.

• Partner and I moved into rented flat in 2014, small local one man and his dog type rental agency looking after several flats owned by same landlord. Paid deposit to this agency as normal.
• Documentation was previously sent about scheme deposit was placed in back in 2014 (Lord knows where that is now)
• Small local estate agents retired and all operations taken over by more well known estate agent chain mid 2018
• Faults, etc. then reported to them and never actioned, unlike with old agency

Moved to new property last year, and on pursuing deposit –

• Advised by takeover agency that it would be kept for repairs and due to “lifestyle” (FWIW there were severe damp issues in the roof space which we had no access to and we had alerted at first sign, let alone other issues which were reported to Environmental Health but nothing was ever done)
• Asked about deposit/which scheme it was with from larger estate agent and no response
• Contacted landlord directly and told deposit was with original estate agency – which was wound up, so something has fallen between two stools

Is there any way under GDPR, etc. we can obtain a copy of the tenancy agreement, proof of deposit and evidence of scheme it was paid into from the bigger agency in order to pursue a claim? As an autistic woman this has caused me considerable worry and I'm not great with legal issues around private renting. My partner for peace of mind wants to let it go and doesn't want to go to court, etc.

We both have disabilities and health conditions which were made worse living here, so part of me would like to take this further but only if I can. Is there anything can be done here?

Shelter are your first port of call, they are brilliant.

If the takeover agency are saying they're keeping it, they must know where the money is. They also need to show proof about what they're spending it on.

I think there are only two or three deposit holding schemes, you could contact them and ask? Or try your MP.

I'd contact each of the schemes and ask them if they have your deposit.

They can't hold your deposit for lifestyle reasons. Wear and tear is expected but they can hold if for any damages. they must explain the reasons though.

Sounds like they are fobbing you off. get some advice and good luck!

Contact the main deposit agencies and ask if they have your deposit.

Thanks everyone, I'll start with the agencies today and take it from there.

All the information is here - www.gov.uk/tenancy-deposit-protection

Contact each of them and ask if they are holding a deposit for you, their contact details are on this page, followed by the information on what to do if it’s not returned - www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

When did you move out? Contact the agency and inform them the date you moved out and that you’re requesting either the full deposit return as you dispute the deductions they have tried to claim, and that if they don’t agree, information on which deposit holding company they’re using.

This will hopefully alert them that something has gone wrong, at the end of the day, if the landlord (as it’s his ultimate responsibility) hasn’t registered it into a scheme, and they’re now being difficult returning it, the court is likely to order 3x deposit to be paid to you.

Hi all, apologies for bumping after a couple of weeks.

As suspected none of the deposit schemes hold any details of the deposits. They've definitely fallen between two stools, so to speak.

I sent an email to the estate agency based on @AnotherDelphinium's advice after she replied to the thread. I advised that I had contacted all of the deposit schemes and that they do not have it, asked where it is and proof of what it has been spent on. Radio silence - not even a read receipt.

I'm not surprised, TBH, as that estate agency treated us appallingly as we're a bit "different" and I'm ready for the next steps. Do I have to give the estate agents more time to reply before doing anything else? And then what do I need to do?

Sorry for all the questions but I'm fed up of companies, etc. treating us like crap because we're neurodiverse. I really appreciate everyone's advice so far

Ok, do you have your former landlords address?

Do you have any proof that you paid the deposit?

How did the agency advise you they’d be keeping the deposit?