DPS – Refund during lockdown?

DPS – Refund during lockdown?

9:55 AM, 21st January 2021, About 8 months ago 53

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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?


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.


by Paul Shears

13:05 PM, 22nd January 2021, About 8 months ago

My apologies. You are quite correct.
I was thinking that asking someone to certify that two documents are visually identical was the same thing as asking someone to certify that they saw you sign one.
It was very late when I read your previous comment. 🙁

by Seething Landlord

15:34 PM, 22nd January 2021, About 8 months ago

Reply to the comment left by Paul Shears at 22/01/2021 - 13:05
No need to apologise. As a matter of interest, I have just discovered that the post office provide a document certification service so that might be worth considering for the future.

by Paul Shears

17:21 PM, 22nd January 2021, About 8 months ago

Reply to the comment left by Seething Landlord at 22/01/2021 - 15:34
That advice is absolutely priceless and I will certainly look into it and share it with others.
Thanks very much indeed. 🙂

by Michael Holmes

11:24 AM, 23rd January 2021, About 8 months ago

Yes, I foresaw these problems years ago. I decided to increase my rents slightly to cover any likely damages and breakages and did without deposits, just took two months rent in advance. In that time, I am still well ahead financially and have avoided a ton of trouble by all accounts.

by Paul Maguire

13:46 PM, 23rd January 2021, About 8 months ago

Reply to the comment left by Michael Holmes at 23/01/2021 - 11:24
I did the same with 2 months in advance but for first month and final month. Most tenants asked for their deposit to be used for their last month before leaving anyway. I also changed because in Scotland there's no minimum/maximum lease period and it gave me a bit of leeway. Many posters on here said I'd have to protect the extra month payment as it could be seen as a deposit. I added a clause to the lease saying what the initial payment was for and also give tenants the option of final rent or deposit. None have gone for deposit. In over 20 years with an HMO licensed for up to 10 and rented by the room I've had very little damage and none that wouldn't be construed as "fair wear and tear" anyway. I do however also manage a country cottage for my brother [who lives in Melbourne], which is rented out as a whole unit, for which I take a deposit.

by coljim

14:54 PM, 23rd January 2021, About 8 months ago

Thanks to all those who have replied. I didn’t even get a text msg. I don’t have a regular solicitor so I’m sure I would be charged a lot more that £5! I don’t understand why it can’t be witnessed by a professional person, if it’s suitable for a passport application why is it not appropriate in this situation. Also lockdown is the main issue, I’ve hardly been outside the door for 10 months!

by Seething Landlord

17:05 PM, 23rd January 2021, About 8 months ago

Reply to the comment left by coljim at 23/01/2021 - 14:54
The fee is controlled by the Commissioners for Oaths (Fees) Order 1993 so you will not be charged more than £5 plus £2 for each additional document.

A passport application is not a statutory declaration so you are not comparing like with like. If you are still unclear you might want to read my previous comments again.

by Helen

0:17 AM, 24th January 2021, About 8 months ago

Reply to the comment left by Dylan Morris at 21/01/2021 - 13:44
I have always found MyDeposits to be very good and I feel more confident holding the deposit myself. A permanent address for the tenants has to be added to the certificate so if they abscond they can still be contacted, even if they are abroad.

by Seething Landlord

8:51 AM, 24th January 2021, About 8 months ago

Reply to the comment left by Michael Holmes at 23/01/2021 - 11:24after you have taken 2 months rent in advance, when is the next payment of rent due?

by Dylan Morris

8:55 AM, 24th January 2021, About 8 months ago

Reply to the comment left by at 24/01/2021 - 00:17@ Helen. How can you know the tenants future address at the start of the tenancy without owning a crystal ball ?

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