[tashtb]

My 2 flatmates and I recently moved out of our flat (Aug 9) and our landlord emailed the estate agents right away asking them to release our safety deposit. They haven't done so yet. We've been calling them ever since, but are always told it's the manager who has to deal with it and that he will call us back later on (he never does). Most of the time, our calls aren't even answered, and I'm at a loss of what to do now. Is it illegal that they're holding our deposit all this time with absolutely no communication as to why?

[Bluey]

Shelter offer free expert advice. Check the following position with them.

My understanding is that the agent is an irrelevance in this situation since they serve the landlord, not you, and despite the fact that they hold the money, your primary legal relationship is with the landlord.

Put another way, the agency are representatives of the landlord - he has a separate agreement with them to manage the property so if the agent is poorly serving him, he needs to take legal action against them. Ultimately, your tenancy is between you and the landlord.

Therefore you must advise the landlord to return your deposit asap and take up any issues with the agent himself. The Shelter website will tell you how to take him to court if he fails to pay up.

Check whether your deposit should have been protected. If it should have check with each of the 3 schemes if its been held in it. If your deposit should have been lodged in a tenancy deposit scheme but was not, the courts can order the landlord to pay x3 the sum of the deposit as compensation to the tenant. If that's the case, let the landlord know of the potential penalty he faces if he does not return your deposit asap.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

Don't let the sympathy for the landlord get in the way - the failure of the agent to return the deposit (or protect it, if they should have) is the landlords responsibility to sort out, not the tenants.

Good luck, let us know how you get on.

[Bluey]

Here is a thread that supports my view point. The final poster is from a housing solictor.

http://www.landlordzone.co.uk/forums/showthread.php?t=22053

[tashtb]

Hi, thanks so much! Have been trying to contact Shelter but the phone lines are so busy. In the meantime it's great to have your advice so we have some knowledge to hopefully spur the landlord and agent into action, now we know pretty much who's liable for what.

Will post the outcome soon.

[crabs]

before you do that make sure you have a letter from your landlord saying eveything is ok.