0:01 AM, 7th January 2026, About A week ago 5
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The tenant took a 12-month lease from 24/03/2017 and served notice to quit on 10/02/2018, effective 23/03/2018. The deposit, in the sum of £1,920, was registered with The Deposit Protection Service (DPS) on 27/03/2017.
The rent due on 23/02/2018 was not paid. The tenant agreed that this amount could be deducted from the deposit, leaving a balance outstanding of £534. There were still further arrears of £192.70, as the tenant had missed a couple of payments mid-term and had not fully covered those arrears.
In addition, the tenant was obliged to pay for the check-out inventory of £114, which I ultimately paid. Post check-in inventory, the tenant also demanded landscaping costing £103, all of which was dead by the time she vacated.
The tenant did not respond to attempts by the letting agent or myself to contact her regarding finalising the deposit.
On 20/08/2018 I wrote itemising the deductions and requesting release to me of £407.70, with a balance of £127.30 to be returned to the tenant. I stated that I would refer the matter to the DPS if I heard nothing. No reply was received, but I did not then refer it.
However, I received an email from the DPS in December to advise me that the tenant had made a statutory declaration, which voids the Limitation Act 1980.
The DPS is not prepared to comment on whether the Limitation Act 1980 is applicable, stating that the Statutory Declaration overrides its provisions.
My research seems to indicate that the Declaration has to be made within the limitation period, i.e 6 years. We are 18 months over.
I have sought clarification from them, but they are now stating I should seek legal advice, referring me to Shelter, Citizens Advice and a tenants’ advice organisation.
I am comfortable paying back this sum of £127.30 but then don’t want to find that I am thereafter exposed to multiples of the original deposit.
Any advice would be greatly appreciated.
Thanks,
Timothy
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Kate Mellor
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Member Since November 2015 - Comments: 578
13:05 PM, 7th January 2026, About A week ago
What does the stat dec she made claim?
Why are you concerned you may be liable for a penalty claim of 1-3 times the amount?
My understanding is that YES, the limitations act does apply to tenancy deposits and that includes a limitation on the tenant reclaiming an unrepaid deposit.
You mention that the tenant agreed to a deduction for the final month’s rent. Do you hold the deposit in an insured or custodial scheme?
You appear to already be in receipt of the initial amount claimed (?) and you were seeking a further amount, with just £127.60 to be returned to the tenant. Is it just the £127.60 they’re claiming which you agree is due, or the whole deposit?
It’s my understanding that the only time a penalty can be applied is when a deposit is not protected within the time limit or the PI not served.
In the past when a tenant refuses to respond to a deposit claim I’ve made a statutory declaration, downloaded from the DPS website, stating that, and the amount has been refunded to me. (I use the DPS Custodial scheme).
Judith Wordsworth
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Member Since January 2015 - Comments: 1371
15:17 PM, 7th January 2026, About A week ago
Citizens Advice will not help any landlord. I’ve been told that in person too.
Check your buildings insurance for legal expenses cover.
Join Pims.co.uk. Richard is very very helpful.
Tim
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Member Since July 2023 - Comments: 27
19:09 PM, 14th January 2026, About 3 hours ago
Reply to the comment left by Kate Mellor at 07/01/2026 – 13:05
Thanks for your full response. The information sworn on this Statutory Declaration incorrect. Such as the determination date and not knowing my contact details. That is in breach itself of Section 6 of the Perjury Act. The DPS providing no support about the scope of limitation act 1980 in context of this claim. I was required to respond by the 13th Which I did as the DPS threatening to refund the entire sum. So the amount in dispute £474. My counterclaim £103 damage, rent shortfall £192.70 and cost of check out inventory 114 (allowable then). On receipt got an immediate response that £64.30 released and because I said I wouldn’t want arbitration that they await the tenants court claim. The figures not huge but its the principle established. I have all my records but seemingly will need to source receipts which I might not have given the scope of the limitation act but the DPS should be providing clear guidelines. Any comments appreciated.
Tim
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Member Since July 2023 - Comments: 27
19:25 PM, 14th January 2026, About 3 hours ago
Reply to the comment left by Tim at 14/01/2026 – 19:09
And further I have received this from the DPS “The purpose of our service is to hold monies that are sent to us as a custodian, we are required to protect a tenant’s deposit indefinitely until one of the following occurs (regardless of advised tenancy end date).” I am seeking guidance what statute overrides the Limitations Act 1980
Kate Mellor
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Member Since November 2015 - Comments: 578
22:30 PM, 14th January 2026, About a minute
Reply to the comment left by Tim at 14/01/2026 – 19:25
I’m afraid that if you’ve chosen to go the court route rather than arbitration you will have to go via the county court small claims unless you can come to an agreement with your former tenants.