9:55 AM, 21st January 2021, About 5 months ago 53
Unfortunately, my tenants have moved out without giving notice. I have reason to believe they have returned to Romania.
I had all sorts of problems with utilities etc. and had to get cleaners; decorator; carpets cleaned etc.
I am trying to get the deposit returned from the DPS, but I have to fill out a Statutory Declaration and get it witnessed by a solicitor or magistrate.
Besides the added costs of getting this done, there is also the issue of Lockdown!
Anyone got any advice?
The tenant hasn’t engaged with the process, can I still claim for deductions?
If your tenant can’t be contacted, or has failed to respond to your deposit claim 14 calendar days after the tenancy has ended, then you can use the Statutory Declaration process to continue your claim.
The Statutory Declaration
To do this, you’ll need to complete a Statutory Declaration stating the amount you’re claiming, and the reasons why. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. You can fill out and print a Statutory Declaration online, or you can give us a call and we’ll post one to you.
Once we’ve received your correctly completed Statutory Declaration, we’ll notify your tenant, letting them know that if we have no response within 14 calendar days, then we’ll pay you the amounts you’ve claimed.
If your tenant responds, and disagrees with your claim, they must complete the notice and send it back to us within 14 calendar days.
We’ll let you know the reasons why they disagree with you, and you’ll then have seven calendar days to accept or disagree with your tenant’s claims and submit any evidence.
All of this evidence, along with the reasoning on your declarations will be sent to our Dispute Resolution Service and an independent adjudicator will make a decision as to the amounts you should both receive.
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