Tenancy deposit refund

[Vilanelle]

Back in 2007 I rented a flat for 6 months and paid a £530 deposit.

For some reason it has only now sprung to mind that I never received it back so made some enquiries with the letting agency. They said they have found my DPC number with My Deposits and I should contact them.

I do this and they said the deposit was unprotected in 2009 - what does this mean? And that the Agency would have the deposit. The agency are denying any liability to pay this back.

Anyone able to help? Have I left it too long?

Perhaps it’s worth a call to financial ombudsman. They should be able to advise or investigate for you if not call citizens advice

From what I can remember from my own previous experience with this, is if the deposit is unprotected. It means the Agency you were letting from had stated to the Deposit protection agency that there was no deductions to be made to your deposit for example for damages ect ect. The only reason it would remain protected is if, there was dispute regarding this or you signed another agreement with the agency under the same address.
In regard to getting this back, it can be difficult If you have no raised a dispute within 6 months of the tenancy ending. ( I had to go to small claims court ) however I did win.

Its up to you how you play it. I would be tempted to write a letter to the Agency stating your DPC number. Asking why this has not been returned to you, and request copies of your original tenancy agreement and inventory after you left the property. Give them 28 working days to reply to this, and Inform them should they fail to do this. You will be taking legal action via small claims court. Send it recorded delivery and wait. Normally this is enough to give them a gentle shove in the right direction.

Hope this helps.

Ah I've just seen this is from ALONG time ago. Id still be tempted to send the letter though. You have nothing to lose at the end of it.

If you started your tenancy in England on or after 6th April 2007, it was the law that it had to be in a protected scheme i.e. in escrow. (Still is the law now). If it was not in a protected scheme, that means the landlord (not the agency) could be liable to pay you back three times the amount of the deposit. I don't know if there's a time limit on this though.

If you never claimed it it's possible that it was automatically returned to the landlord.

see:

england.shelter.org.uk/housing_advice/tenancy_deposits

there is a time limit and it is six years. You could have sued the landlord for not protecting the deposit and got it back, possibly 3 times its value.

too late, sorry.

if you are still renting please get informed, start with the 'how to rent' guide on gov.uk