Help... trying to get my deposit back

[ojm]

Dear forum,

Hoping you can help... Am at the end of my tether with a Popular Lordship Lane Estate Agent (oh, go on then... Winkworth), who are refusing to give me any information about the return of my deposit, four weeks after the end of my tenancy with them. They're blaming the landlady (who they manage the property on behalf of) for not getting back to them.. The deposit is with the Deposit Protection Scheme, so at least they're not cashing it, but it seems my options are limited in doing anything about it until they collaborate. Anyone been through this and able to advise what I can do? A simple case of chuck the lawyers at them?

Even just a word of sympathy from anyone who's had to deal with their shambolic Management Department greatly appreciated at this stage...

[RJB]

Well, according the directgov website you should have had the deposit back within 10 days. Obviously as you haven't, maybe you should look at the disputes section of this site?

Here's the links...

http://www.direct.gov.uk/en/TenancyDeposit/DG_066380

http://www.direct.gov.uk/en/TenancyDeposit/DG_066397

I had this problem recently with a different letting agency who were again saying it was the landlord's fault. A few hints about the delay and being able to refer the issue on meant we got our deposit back swiftly after a 4 week wait.

[ojm]

Cheers, RJB -- that's extremely useful. I'll take a look over and give them a friendly call. :)

Estate agents, eh? Are there any out there who aren't utterly hateful?

[Brendan]

No.

[Keef]

To be fair, on this subject, I think it is more down to the landlord than the agent. You also have a legal right to know where your deposit has been banked.

[legalbeagle]

You might want to suggest that you will be expecting interest to be paid as well if they don't get it back to you within the recommended time, plus your expenses for taking legal advice on the position, plus a posting on this forum that recommends others stay away from using their services in future....... Sadly I find all too often that until unpleasant threats are made, no one deals with a complaint properly. Shame, but that's my experience.

[red]

If I'm understanding it correctly as a tenant you should have been notified of when the deposit was lodged with the deposit scheme - assuming they filled it out correctly - you should have been sent a link with access to view it?

Anybody else had this?

I do know that the deposit crowd in the case of some friends of mine actually sent the deposit to their ex-rented address as opposed to their new one! I'm assuming they have your forwarding address - you may beed to chase the agent or see if you can speak directly with the landlord?

[chez]

I just went through a similar thing- the estate agent told me the landlord was on holiday since June and they couldn't get hold of him to agree its release (a barefaced lie; he'd been round to my flat and agreed to return my deposit). She refused to deal with the landlord directly and stopped answering any of my calls. Protection schmeme. Fortunately for me, my Dad's a solicitor so eventually I got him to give them a ring (strictly as a legal representative acting on my behalf) and start mentioning small claims courts and legal proceedings and the like, and suddenly my check is in the post....

[RosieH]

I did similar. 6 months after moving out of a flat, we hadn't received our deposit, apparently because the landlord lived in the States and they "couldn't get hold of him". Additionally, our property manager seemed often to be out of the office when I called and never responded to an email.

Ultimately I threatened them with small claims, combined with a concerted PR effort to let all media and social media know what an utter bunch of c@nts they were, and an appeal to their regulatory body (sorry, can't remember off the top of my head what it's called but I found it through an online search and they are supposed to regulate this kind of thing quite tightly - I quoted at least two regulations that they were in breach of). I copied in the CEO of the company as well as my property manager's boss and within a week I had a cheque for the full deposit.

It took a ridiculously long time, but had I thought of all / any these things at the outset, it would have taken considerably less than 6 months.

Good luck - I sympathise massively, I know how time consuming and hopeless it can seem, but I think that if you can show them that you know what you're talking about, they may suddenly remember that they might be able to help after all.

[iaineasy]

from what i understand if the deposit is not paid back in a certain time you are entitled to compensation equalto twice the value of the deposit taken, so I would look into your rights, and send a legal letter.

[ojm]

All... massive thanks, this is all extremely useful. Cannons loaded and ready for a sustained barrage today!

[????]

ARLA ia the regulatory body

[chez]

Good luck ojm!

[woofmarkthedog]

What's the value of the deposit ?

[ojm]

Pleased to be able to say that the Deposit Protection Scheme helped us out in the end.. Once you've given written notice, you can mop-up the whole amount (?2k in our case) after two weeks if you don't get any response from the agent (which we didn't).. Cheers for all of your advice - kept me sane during moments of abject desperation..

[Tony.London Suburbs]

Glad to hear you had a successful outcome ojm.

[chez]

congratulations!

[Windom]

Anyone had any problems with Hooper Naylor agents depositwise? moved out this weekend and hoping things go smoothly