Here is a question to the blog clinic from Rose who is a tenant
My boyfriend and I moved into a flat in June 2011, our tenancy went less than smoothly and eventually in November 2012 we received notice that the property had gone into receivership because the landlord had not paid his mortgage.
Two months later, the new agents served us notice because the property was going to be sold. We were disappointed but accepted the situation.
However, when we enquired about our deposit, the new agents acting on behalf of the receiver said they had no record of it and to make matters worse, the agent who moved us in has now gone out of business.
The new agent has asked us for a deposit registration certificate but we do not have one, just an email from the original agent confirming the amount.
We have now moved out and still have no deposit returned, the new agents won’t help and have denied any responsibility. How do we get our deposit back?
Unless your landlord or the original agent protected your deposit Rose, I suspect that you will never get it back.
I suggest you contact each of the four tenancy deposit companies in turn and see if the deposit was protected with them. You will find their details >> here on my Tenancy Deposit Claims website.
If your deposit has been protected, then the scheme helpline will explain to you what you need to do to get your money back.
If the deposit was not protected then it will be a lot more difficult and you will probably have to accept that you will never get it back.
If the original landlord has not gone bankrupt you can bring a claim against him personally. You can also, if the agent who actually took the money was not a limited company, bring a claim against him or her – if you know where they are and if they have not gone bankrupt.
For guidance on how to bring a claim against any of these people, if you are able to locate them, have a word with your local CAB.
This case should be a warning to all tenants – be aware of your rights and insist, when paying a deposit over to a landlord or his agent, that they protect the money in a scheme.