Get my deposit back

India on June 14, 2016, 07:44:58 PM
Hi, can anyone here help me?  My letting agency has claimed that they are under liquidation and that they don't have the money to return me my deposit?  Is there anything I can do? It was £700 and I really need it for the deposit on a new place.  I'm really unsure what my options are.

Raskalnikov on June 16, 2016, 04:43:22 PM
Hey India,

This happened to me a couple of years ago.  You need to take action quickly.  Have you moved out or are about to move out?  The money should have been put in one of the 3 deposit protection schemes and not kept by the agent.  You should have a receipt of the money being protected within 30 days of you moving in.  You'll need to double check that you got it and also just check what type of tenancy agreement you have.  Most people nowadays have a shorthold assured tenancy which is the one I'm most familiar with. 

Really get on this asap, you'll have more problems getting the money back if you wait.  If the money wasn't protected you can go after the agent or the landlord.  Just check this and keep us updated.

India on June 19, 2016, 01:00:41 PM

I checked the contract, it does have the landlord's address but he lives in Spain.  I guess that he left the day to day running of the place and the rent collection to the agency. 

I moved out a month ago and asked for the deposit back.   I phoned the agency but they didn't pick up my call and when I emailed them I got an automated reply to say that the agency had suspended trading.   Where do I go from here?

NRA_ceb_2016_577 on June 22, 2016, 09:44:02 PM
Hi India,

If your landlord lives in Spain he will still need to be paying taxes to the UK so there will be a correspondence channel.  Have you tried contacting the landlord directly already?

Your case is a little too complicated to deal with on the forum.  Please get in touch with us and we can go through some of your options if you would like to pursue this. 

Best wishes,

India on August 09, 2016, 11:35:14 AM
Hi Just an update.  I was able to find a registered correspondance address for my LL in the UK and I sent him a letter to where he lives in Spain that I was going to take court action against him in the UK and that he might lose his house.  He's agreed to return me the money. I also threatened him (politely) in the letter that I would be adding damages to a small claims against him and that he might lose his house if he didn't pay me.  I'm just waiting for the money to clear now. 

Thanks for all the help everyone!

sneax on May 20, 2018, 07:36:13 PM
I'm not sure about the law here, but generally if a company is declared bankrupt, there should be a case in court. fo that - and all the subjects owed money by the company in question should press their claim there. - is new shoes are needed..