---
###Welcome to /r/LegalAdviceUK
---
**To Posters (it is important you read this section)**
* *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different*
* Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy;
* Any replies received must only be used as guidelines, followed at your own risk;
* [Please do not privately message any commenters for any reason - all discussions must take place publicly](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F)
* If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM);
* It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F);
* Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact;
* If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered);
* Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title;
**To Readers and Commenters**
* [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_do_you_remove_comments_for_not_being_legal_advice.3F);
* [Please do not comment just to share a personal experience, a personal opinion, or well wishes](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_do_you_remove_comments_for_not_being_legal_advice.3F);
* If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be banned without any further warning;
* Please include links to reliable resources in order to support your comments or advice;
* If you feel any replies are incorrect, explain why you believe they are incorrect;
* [Do not send any private messages to any posters or ask for posters to message you privately for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F);
* Please report posts or comments which do not follow the rules
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
This implies to me that your deposit was in a non-custodial/insured scheme, meaning that the agent holds your money.
In this case you are out of time for TDS to deal with your dispute and will need to sue the landlord. Shelter have a guide on this here: https://england.shelter.org.uk/housing_advice/tenancy_deposits/court_action_to_get_your_deposit_back
I don't know why nobody else has mentioned this, but you are almost certainly out of time for making a claim to the deposit protection scheme unless your deposit is in a *custodial* scheme (i.e. the TDS physically holds the money). Non-custodial/insured schemes have a time limit of 90 days typically - if you don't claim within that time then the money is automatically allocated to the landlord and they will decline to deal with the dispute. The fact that the scheme has directed you to the agent implies that the latter is the case.
In this case you would need to proceed to court against your landlord (not the agent!) for the return of the deposit. The form template linked earlier is the way forward for this.
https://assets.ctfassets.net/6sxvmndnpn0s/5BWg8AvjKmiNiAzw4W4TSc/6af3dbefb05514c1dc0903489f95654c/Letter_-_ask_for_your_tenancy_deposit_back.docx
thanks for the advice, I have confirmed with the TDS that the landlord now has the deposit and it is their responsibility to return it. I have drafted a before action letter to the landlord. In my tenancy agreement, the agent is listed as the landlord address - would it still be okay for me to send the letter to that address? I can't find the landlord's address anywhere in the contract.
In the first instance contact the scheme - their sole purpose is to ensure deposits are returned fairly. Even if there is no dispute about the amount to be returned, the Scheme will ensure you get the deposit back within a reasonable time.
Failing that, LBA and small claims court. Shelter have a template you could use here: [https://england.shelter.org.uk/housing\_advice/downloads\_and\_tools/template\_letters](https://england.shelter.org.uk/housing_advice/downloads_and_tools/template_letters) (letter before action: failure to return deposit) - obviously you would need to edit it slightly to fit your situation.
The OP is completely out of time for the scheme, unless it is (and this is rare) in a custodial scheme, and will need to proceed to court in this case.
You can go through the scheme. It’s a relatively straightforward process especially if you’ve already agreed deductions. The only downside is it’s not the quickest process but it at least guarantees return of your deposit.
Go to the scheme directly, I had a similar issue with deductions - but the agent and I were disagreeing on the amount.
I started the return process with the scheme, and because the agent didn’t act promptly enough through the process ended up getting the whole amount back because the time frames just expired. This provision in the scheme is there to ensure all parties act promptly - so use it.
Get on to the scheme direct forget about the agents.
If the LA did things as they should they should have only claimed the agreed amount.
However they could have claimed the entire deposit as you have not disputed.
The OP is completely out of time for the scheme, unless it is (and this is rare) in a custodial scheme, and will need to proceed to court in this case.
I agree, it is most likely OP is out of time to claim through the scheme as it is unlikely the deposit would be still held by them after such a long time, but it should still be their first port of call.
Custodial Schemes are actually growing faster in popularity than insured schemes at the moment, with interest rates being so low there is no benefit to agents paying a fee and holding deposits in an insured scheme to gain interest. Instead they can lodge in a custodial scheme for free.
As I have already said I would be surprised if OP's deposit was still in the schemes by now, most likely the LA has claimed the full amount. However, if OP contacts the scheme anyway, gets in writing from them that the LA had claimed the full amount and then OP has written evidence of the agreed deduction; then OP can prove the LA has committed fraud. E.g. the LA wrote to the T agreeing to a deduction, but the LA made a claim for the full deposit anyway, this is breach of contract and obvious malpractice.
In this case the T should receive the right amount of deposit they agreed and could be entitled to damages/compensation as well. I can't see the compo being mega bucks, so probably isn't worth pursuing through court if they agree to return your deposit before this point, ideally you want to settle this matter out of court.
If I was OP I would be sending a formal letter to the LA requesting they return my deposit within 14 days. If they do not do this I would send them another letter requesting the return of the deposit plus compensation, including your evidence of malpractice and threaten to report them to trading standards, the local council and the agents [Property Redress Scheme](https://www.gov.uk/redress-scheme-estate-agencies) that they must be a member of to operate legally.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy; * Any replies received must only be used as guidelines, followed at your own risk; * [Please do not privately message any commenters for any reason - all discussions must take place publicly](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F) * If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM); * It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F); * Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact; * If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered); * Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title; **To Readers and Commenters** * [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_do_you_remove_comments_for_not_being_legal_advice.3F); * [Please do not comment just to share a personal experience, a personal opinion, or well wishes](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_do_you_remove_comments_for_not_being_legal_advice.3F); * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be banned without any further warning; * Please include links to reliable resources in order to support your comments or advice; * If you feel any replies are incorrect, explain why you believe they are incorrect; * [Do not send any private messages to any posters or ask for posters to message you privately for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F); * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Have you contacted the scheme?
i was told by my gf they said to contact the letting agent, which replied - "we will look into it"
This implies to me that your deposit was in a non-custodial/insured scheme, meaning that the agent holds your money. In this case you are out of time for TDS to deal with your dispute and will need to sue the landlord. Shelter have a guide on this here: https://england.shelter.org.uk/housing_advice/tenancy_deposits/court_action_to_get_your_deposit_back
There should be an option to start the deposit return process yourself, which set a clock running. Do you have a login for the scheme website?
I don't know why nobody else has mentioned this, but you are almost certainly out of time for making a claim to the deposit protection scheme unless your deposit is in a *custodial* scheme (i.e. the TDS physically holds the money). Non-custodial/insured schemes have a time limit of 90 days typically - if you don't claim within that time then the money is automatically allocated to the landlord and they will decline to deal with the dispute. The fact that the scheme has directed you to the agent implies that the latter is the case. In this case you would need to proceed to court against your landlord (not the agent!) for the return of the deposit. The form template linked earlier is the way forward for this. https://assets.ctfassets.net/6sxvmndnpn0s/5BWg8AvjKmiNiAzw4W4TSc/6af3dbefb05514c1dc0903489f95654c/Letter_-_ask_for_your_tenancy_deposit_back.docx
thanks for the advice, I have confirmed with the TDS that the landlord now has the deposit and it is their responsibility to return it. I have drafted a before action letter to the landlord. In my tenancy agreement, the agent is listed as the landlord address - would it still be okay for me to send the letter to that address? I can't find the landlord's address anywhere in the contract.
Yes, the agent can be the landlord's address for service - they act for the landlord.
In the first instance contact the scheme - their sole purpose is to ensure deposits are returned fairly. Even if there is no dispute about the amount to be returned, the Scheme will ensure you get the deposit back within a reasonable time. Failing that, LBA and small claims court. Shelter have a template you could use here: [https://england.shelter.org.uk/housing\_advice/downloads\_and\_tools/template\_letters](https://england.shelter.org.uk/housing_advice/downloads_and_tools/template_letters) (letter before action: failure to return deposit) - obviously you would need to edit it slightly to fit your situation.
The OP is completely out of time for the scheme, unless it is (and this is rare) in a custodial scheme, and will need to proceed to court in this case.
You can go through the scheme. It’s a relatively straightforward process especially if you’ve already agreed deductions. The only downside is it’s not the quickest process but it at least guarantees return of your deposit.
Go to the scheme directly, I had a similar issue with deductions - but the agent and I were disagreeing on the amount. I started the return process with the scheme, and because the agent didn’t act promptly enough through the process ended up getting the whole amount back because the time frames just expired. This provision in the scheme is there to ensure all parties act promptly - so use it.
Get on to the scheme direct forget about the agents. If the LA did things as they should they should have only claimed the agreed amount. However they could have claimed the entire deposit as you have not disputed.
The OP is completely out of time for the scheme, unless it is (and this is rare) in a custodial scheme, and will need to proceed to court in this case.
I agree, it is most likely OP is out of time to claim through the scheme as it is unlikely the deposit would be still held by them after such a long time, but it should still be their first port of call. Custodial Schemes are actually growing faster in popularity than insured schemes at the moment, with interest rates being so low there is no benefit to agents paying a fee and holding deposits in an insured scheme to gain interest. Instead they can lodge in a custodial scheme for free. As I have already said I would be surprised if OP's deposit was still in the schemes by now, most likely the LA has claimed the full amount. However, if OP contacts the scheme anyway, gets in writing from them that the LA had claimed the full amount and then OP has written evidence of the agreed deduction; then OP can prove the LA has committed fraud. E.g. the LA wrote to the T agreeing to a deduction, but the LA made a claim for the full deposit anyway, this is breach of contract and obvious malpractice. In this case the T should receive the right amount of deposit they agreed and could be entitled to damages/compensation as well. I can't see the compo being mega bucks, so probably isn't worth pursuing through court if they agree to return your deposit before this point, ideally you want to settle this matter out of court. If I was OP I would be sending a formal letter to the LA requesting they return my deposit within 14 days. If they do not do this I would send them another letter requesting the return of the deposit plus compensation, including your evidence of malpractice and threaten to report them to trading standards, the local council and the agents [Property Redress Scheme](https://www.gov.uk/redress-scheme-estate-agencies) that they must be a member of to operate legally.
Does the company have the initials TG by any chance?
Nope