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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience:  Over 5 years in practice
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I gave notice on my tenancy on the 22/12/12 having rented the

Customer Question

I gave notice on my tenancy on the 22/12/12 having rented the property for 4 years. I had a good relationship with the landlord. I never missed a payment. I tried to give notice to the landlord only to find he had died. I contacted the agency Northwood and followed their instructions. One of the landlords sisters checked the property and emailed the agency to verify that it was in good order. Tey were happy to release the deposit and sent me an email to say this. However, the property was left in the will to a sister who lives in Spain. She has blocked the retun of my deposit with no reason given. Despite many attempts to contact her by myself , the agency and her solicitor and family she ignores all emails etc. It has now been 3 months and I am desperate for the return of £550. Please help as Idon't know what to do. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What type of contract was it?
Customer: replied 3 years ago.

It was an assured shorthold tenancy. Which I renewed every six months. At an admin cost of £40. Northwood agency of crewe wont help me with this as they say it was a lett only contract... because i knew the landlord.

The deposit is protected byThe Dispute Serviceof Hemel Hempstead.

Expert:  Jo C. replied 3 years ago.
Have you complained to the scheme?
Customer: replied 3 years ago.

Although the agreement says deposit is protected when i contacted them they say that the "certificate of protection" was in their deleted file and to contact the agent. They said they will look into it. And not to worry as it was ok.

Expert:  Jo C. replied 3 years ago.
I'm not immediately sure why TDS will not adjudicate. You are out of time to raise a dispute with them now as its more than three months since the AST ended but you would probably not have been at the time that you first contacted them.

I suppose they may argue that there hadn't been an attempt to negotiate but there clearly had.

In any event, if your deposit was registered with TDS then it should not have been returned without your consent. I would go back and try to raise a dispute with them. Time runs from the date upon which the tenancy ends anyway which might not have been the date of notice.

Since you say its been blocked by the new owner I imagine that she just will not agree to the repay by TDS. If so, thats worthy of TDS adjudication as she just cannot do that with no reason.

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