Landlord has not returned my rental deposit and did not register it with a TDS scheme

[Tranquility]

Hi,

I rented a flat for over 9 years and the deposit was kept by the landlord which was rented via a well known estate agents. He was supposed to register it with a TDS scheme but I don't think he did even though I signed an agreement. The reason why I don't think it was registered because the estate agents have sent numerous emails to the landlord asking for the registered scheme and the return of my deposit which they have failed to respond.

Anyway the landlord lives in Thailand (has been during the whole time I rented the property) and the estate agents said to file a small claims at a local court against the landlord but I don't see this as being possible because surely the landlord needs to be in the UK in order to attend a court hearing?

I don't know if this helps but I also left the property a month earlier than the agreed leaving date but I still paid up the rent for the remaining month. I left early because I found another property which suited me and I didn't want to let it go. I only moved out because the landlord sold the rental property. Also although the landlord is known to be a male person, the contact for repairs etc., was always through his wife/partner via the estate agents - not sure it should make any difference.

My question is, can I sue the estate agents even though the management of the estate agents changed hands during my tenancy? Or is it still possible to make a small claims even though the landlord is in Thailand?

I was going to let this go since it was end of April 2014 when I left the property and have not had any success with the estate agents because they simply can't get a response from the landlord. But then I found Legal Beagles and just wanted to hear your comments/advice about this.

Any comments would be most appreciated, thank you.

[Crazy council]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

Hi

am not sure on the legal position regarding the deposit, as its been a while since i worked as an agent, but, a tenant used to be able to claim interest on his deposit as well.

Did you pay your deposit to the agent, or direct to the LL,

Or is it still possible to make a small claims even though the landlord is in Thailand?

If the LL or agent mess you about, might be worth pointing them to this

http://www.hmrc.gov.uk/manuals/pimmanual/pim4800.htm

in my previous experience, lots of LLs tell tenants they are out of the cuntry, or register the property in someone else name and pretend to be the repairs manager.

[Tranquility]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

Hi

am not sure on the legal position regarding the deposit, as its been a while since i worked as an agent, but, a tenant used to be able to claim interest on his deposit as well.

Did you pay your deposit to the agent, or direct to the LL,



If the LL or agent mess you about, might be worth pointing them to this

http://www.hmrc.gov.uk/manuals/pimmanual/pim4800.htm

in my previous experience, lots of LLs tell tenants they are out of the cuntry, or register the property in someone else name and pretend to be the repairs manager.

I made my payments directly to the estate agents via BACS and then they pass the payments to the landlord. Thanks for the link I shall have a look.

Thank you.

[enaid]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

I am sure that the LL should have a registered address in the UK I will see if I can fined the info.

Also a bit of info here https://www.gov.uk/tenancy-deposit-p...s-and-problems
where you can find out if your deposit was in a scheme and also how to try get it back if you can't contact LL.

Somewhere on your paperwork there should be an "address for the service of documents" as required by section 48 of the 1987 Landlord and Tenant Act.

[Tranquility]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

I am sure that the LL should have a registered address in the UK I will see if I can fined the info.

Also a bit of info here https://www.gov.uk/tenancy-deposit-p...s-and-problems
where you can find out if your deposit was in a scheme and also how to try get it back if you can't contact LL.

Somewhere on your paperwork there should be an "address for the service of documents" as required by section 48 of the 1987 Landlord and Tenant Act.

That's very helpful, thank you very much.

[FlamingParrot]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

I rented a flat for over 9 years and the deposit was kept by the landlord which was rented via a well known estate agents. He was supposed to register it with a TDS scheme but I don't think he did even though I signed an agreement. The reason why I don't think it was registered because the estate agents have sent numerous emails to the landlord asking for the registered scheme and the return of my deposit which they have failed to respond.

If your tenancy started 9 years ago, the deposit wouldn't have been protected under the scheme because the scheme only started on the 6th of April 2007: http://england.shelter.org.uk/get_ad...FSEcwwodVTsAHQ

Is your tenancy deposit protected? Check online to see if your deposit is protected in a government-backed tenancy deposit protection scheme.

This applies if you have an assured shorthold tenancy that was started or renewed after 6 April 2007.

I was going to let this go since it was end of April 2014 when I left the property and have not had any success with the estate agents because they simply can't get a response from the landlord. But then I found Legal Beagles and just wanted to hear your comments/advice about this.

Any comments would be most appreciated, thank you.

Disputes should be raised within 90 days of vacating the property.

[enaid]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

If your tenancy started 9 years ago, the deposit wouldn't have been protected under the scheme because the scheme only started on the 6th of April 2007: http://england.shelter.org.uk/get_ad...FSEcwwodVTsAHQ



Disputes should be raised within 90 days of vacating the property.

Your landlord has to protect your tenancy deposit if you paid your deposit before 6 April 2007, and your original tenancy agreement started before 6 April 2007 but has been renewed since this date with another assured shorthold tenancy agreement for a fixed term with the same landlord.

[Tranquility]

Re: Landlord has not returned my rental deposit and did not register it with a TDS sc

Your landlord has to protect your tenancy deposit if you paid your deposit before 6 April 2007, and your original tenancy agreement started before 6 April 2007 but has been renewed since this date with another assured shorthold tenancy agreement for a fixed term with the same landlord.

Thanks for your responses. I checked with the schemes and my deposit wasn't protected, just as I thought, he's done a runner - difficult to catch him in Thailand. I don't think he ever had any intention of returning the deposit however well I kept the place in good condition. I found out from one of the other shared landlords that he hadn't paid 7 years of building insurance and also his share of the roof repairs. It's no wonder he had to sell the flat. Anyway I'm grateful that I'm in a nicer place now.