DPS – Refund during lockdown?

by Readers Question

9:55 AM, 21st January 2021
About a month ago

DPS – Refund during lockdown?

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DPS – Refund during lockdown?

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?

Collette

DPS website >> https://www.depositprotection.com/im-a-landlord/id-like-some-letting-guidance/the-statutory-declaration-process/

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.

Comments

John Mac

10:50 AM, 21st January 2021
About a month ago

Wow what a Palaver !

Next time use myDeposits, you get to hold the deposit & just inform them at the end how much you have deducted, in your case it would be 100% - Simples !!

Singinmgr

11:10 AM, 21st January 2021
About a month ago

Had a similar situation a while back. Got my solicitor to witness the SD they charged £5 and deposit returned within 14 days by DPS as tenants did not respond. Good luck.

Paul Shears

11:15 AM, 21st January 2021
About a month ago

Reply to the comment left by John Mac at 21/01/2021 - 10:50
I totally agree.

Paul Maguire

11:31 AM, 21st January 2021
About a month ago

I've had no problems with MyDeposits [Scotland] but I have found that many financial institutions have asked me to make allowances during this pandemic yet refuse to do the same for me. Almost as if they're reluctant to let go of other people's money !!

Freda Blogs

12:06 PM, 21st January 2021
About a month ago

This route is probably less aggravation than trying to track down your tenant and agree deposit deductions direct.
The first issue is the witnessing (by whom and how) and once you've got that sorted, I would not anticipate further issues - provided you make a sound case with receipts etc to have the Deposit returned to you.

RL

12:27 PM, 21st January 2021
About a month ago

Using the DPS is a ball ache I can confirm. I shall be switching to another provider, maybe My Deposits in future.

Ivor Bailey

12:46 PM, 21st January 2021
About a month ago

Agree with the above DPS is a nightmare. We had a tenant who moved out with rent arrears. He told them he paid up, without proof and they returned his deposit. We protested vigorously and got nowhere.
We now want to make another claim for rent arrears with a tenant who absconded. They insist we get a form witnessed directly by a solicitor who we can’t see because of lockdown restrictions and they offer no alternative.
Needless to say we are now using non custodial scheme at MyDeposits.
This whole scheme was introduced to stop rogue landlords hanging on to the deposits - it just creates dishonest tenants.

Paul Shears

12:50 PM, 21st January 2021
About a month ago

The problem is systemic and goes far beyond the remit of this discussion.
It's the absurd idea that very problem can be sorted by just one more centrally controlled process.
I have not had your problems myself, but I am very conscious that I have been lucky over the past ten years.

Borrieboy

13:09 PM, 21st January 2021
About a month ago

That's pretty much exactly my experience back in June 20 with Romanian tenants. Just vanished with only an SMS informing me they've gone. Flat still full of their personal possessions. The letting agent I use advised me not to clear out their stuff or enter the property without the tenant's permission! Got contra advice from the NRLA helpline, so went in and did what was needed to be done. Apart from the rubbish they left, large unpaid bills were run up too, in a number of names.
Long story a little shorter, I claimed the full deposit back from MyDeposits as I held it. No nonsense, just stated why 100% was being claimed back and that was that.
Simple advice: don't use DPS, hold the deposit yourself and don't always believe what letting agents tell you. Oh, and be careful of Romanian tenants.

Dylan Morris

13:44 PM, 21st January 2021
About a month ago

I can’t for the life of me work out why the form has to be witnessed by a solicitor. For what purpose ?

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