DPS Statutory Declaration to rub salt into the wound?

DPS Statutory Declaration to rub salt into the wound?

10:20 AM, 17th December 2021, About a month ago 26

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Hi guys. I’ve been a landlord for around 15 years, managing my own small portfolio, for the first time I’ve had to go back to DPS to claim a deposit in full (£650). The tenant who left around 4 weeks ago, an old lady who doesn’t like tech, been with me for over 12 years, very eccentric, never liked to call me for anything, and I left her alone as her rent was always paid on time (my mistake I found out).

When she called and handed her notice in (wouldn’t email or text as she doesn’t have an email or knows how to text), she did say that I can keep her deposit (alarm bells rang of course). Anyway, I spent over £3K to bring the property back to a habitable state. DPS say they’ve texted her, on an old number, and waiting for a reply. I called the lady and asked her to call DPS directly with her new number, but she’s a bit slow.

Meanwhile, DPS sent me a form to fill in, Statutory Declaration, which needs to be witnessed/signed by a lawyer, this is the last thing I wanted as it will just incur extra costs! (rubs salt in my wound, so to speak).

The question is, is this the only way I can receive the deposit? Does it cost a lot for a lawyer to add their signature and stamp it? (I’m based in Thurrock, Essex, if anyone knows someone).

Many thanks

Sohail



Comments

by No hate plz

11:24 AM, 17th December 2021, About a month ago

Yes, and you still might not get it. We just did it, cost £15 and a trip to a solicitor. You then send it into the DPS and they sit on it for 4 weeks. they then right to the tenant telling them it will be released if they do not respond. If the respond then a DPS do not release it until you have to go to court to get a court order to release it. They then will stop speaking to the landlord however will speak to the tenant, if the tenant makes a claim to return the deposit to them they then give you 7 days to respond.

by Laura Delow

11:29 AM, 17th December 2021, About a month ago

Irrespective of whether the need to have a Statutory Declaration witnessed by a lawyer is really necessary, some solicitors will charge a small fortune for just witnessing a signature but some are more sensible & do this for very little on the basis they hope by default to be appointed as the solicitor on future transactions. A friend of mine used a firm to witness signing a document & only charged about £35 I think. But I see you're in Thurrock & this firm my friend used is in NW6; Aslan Yavuz of CLC Solicitors, 21 Lonsdale Road, Queens Park, London, NW6 6RA Tel 020 7624 6433 Email: law@clcsolicitors.co.uk Web: http://www.clcsolicitors.co.uk.
Maybe try some firms local to you first as the time taken to get to NW6 will cost more in terms of time is money plus petrol vs how much extra it might cost using a local firm.

by Amethyst

11:34 AM, 17th December 2021, About a month ago

A trip to a Commissioner for Oaths -around £10 for the declaration to be signed -so the cost is minimal. If the tenant fails to respond as seems to be the background in your case, the process should be fairly straightforward. I think your main problem will be getting an appointment at this stage of the year and in the current climate.

by SteveoA

11:35 AM, 17th December 2021, About a month ago

Reply to the comment left by No hate plz at 17/12/2021 - 11:24
Thanks for your reply, much appreciated.

by SteveoA

11:35 AM, 17th December 2021, About a month ago

Reply to the comment left by Laura Delow at 17/12/2021 - 11:29
Thanks for your reply, much appreciated.

by SteveoA

11:36 AM, 17th December 2021, About a month ago

Reply to the comment left by Amethyst at 17/12/2021 - 11:34
Thanks for your reply, much appreciated.

by NewYorkie

11:58 AM, 17th December 2021, About a month ago

I finally evicted my feckless tenant in July with 16 months arrears. I provided DPS with a Statutory Declaration, and while my agent did get the full £650, it still took 3.5 months.

by SteveoA

12:20 PM, 17th December 2021, About a month ago

Thanks again guys. Thought it was a lot more expensive hence I came here for advice!! Booked a solicitor for this afternoon, will cost £10, that's all. 😉

by Mike

12:44 PM, 17th December 2021, About a month ago

So you see guys, why I don't bother with this stupid scheme run by DPS, its not worth the hassle, and can often land you many times worst than the amount of deposit, all that legal time frame you have to deposit it, make an account, password, and what not, in the end most tenants don't like you to even take out a tenner, let alone the whole amount of deposit, in most cases tenants have damaged your house many times more than the deposit sum, which only goes little way towards cost of repairs, so I don't even bother, I had a tenant left my place in total mess, costing me well over £10K to fix, her deposit of £700.00 remains unclaimed by me from 2015, I rand DPS for it to be returned, I was asked to fill in the declaration form and have it signed by a solicitor, I paid £20.00 to him, and sent it off, and I heard absolutely nothing from them. I have virtually given up.

by Will Brad

12:47 PM, 17th December 2021, About a month ago

Could whoever has found a solicitor or commissioner of oaths who charges around £10.00 please e-mail me at willbrad2020@mail.com to let me know who they are. I am looking for one with reasonable charges and not had much luck so far. I am also looking for a Notary Public with reasonable fees.

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