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 2 years 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


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Comments

Carole Wicklow

13:26 PM, 17th December 2021, About 2 years ago

An FYI for readers though slightly OT - our tenants burnt our bungalow down and I told the agent not to return their deposit. I did not trust the agent to act on my wishes so contacted the DPS direct. If you can prove to the DPS that you own the property (land registry documents are sufficient) and that you should be in charge of returning the deposit as you are in dispute with the agent they will transfer the deposit to your name. However, you have to do that before the Dispute Resolution process has been activated, which is the drawback. So if you are having trouble with your agent it is worth getting the deposits back in your name, before your tenants give notice.

No hate plz

14:05 PM, 17th December 2021, About 2 years ago

Reply to the comment left by SteveoA at 17/12/2021 - 12:20
In Covid my brother had to have some paperwork signed, the only companyin our town that would do it charged £250!

Reluctant Landlord

16:05 PM, 17th December 2021, About 2 years ago

Reply to the comment left by Mike at 17/12/2021 - 12:44
Oh I understand the reason for not bothering I really do...but what do you do instead? NOT take a deposit at all or choose not register it with the DPS (or another equally bad company)? Just wondering....

Reluctant Landlord

16:07 PM, 17th December 2021, About 2 years ago

I have a friend as a solicitor so all good when I needed a signature for the same thing (cost me the price of a posh box of chocs 😉
BUT it does seem yet another anti LL organisation holding the LL to rights when by definition it should be the tenant proving why the deposit should not be retained, not the LL.

Seething Landlord

17:00 PM, 17th December 2021, About 2 years ago

Sorry, you are wrong on this. The deposit belongs to the tenant and the burden is always on the landlord to prove why it should be forfeited.

I seem to recall that the amount that can be charged for witnessing a statutory declaration is controlled by law and I think you will find that there is a basic fee of £5 plus £2 for each additional document.

Reluctant Landlord

18:16 PM, 17th December 2021, About 2 years ago

Reply to the comment left by Seething Landlord at 17/12/2021 - 17:00
but at the same time if clear evidence is given and warranted for it to be retained, then it the process should be completed quickly. The DPS are a nightmare - take too long.

Seething Landlord

18:24 PM, 17th December 2021, About 2 years ago

Reply to the comment left by DSR at 17/12/2021 - 18:16
In my experience the DPS respond quite quickly if their procedures are complied with. If there is a dispute it obviously takes longer but nowhere near as long as it would take to get judgement in the County Court in a defended claim.

Michael Barnes

20:10 PM, 17th December 2021, About 2 years ago

Reply to the comment left by Will Brad at 17/12/2021 - 12:47
I've been charged £5 in Yeovil for my last two statutory declarations.

Paul Shears

21:52 PM, 17th December 2021, About 2 years ago

Reply to the comment left by Seething Landlord at 17/12/2021 - 17:00Now that explains why the £5 fee that I paid a solicitor was so low! I really could not understand it.

Mike

3:12 AM, 18th December 2021, About 2 years ago

Reply to the comment left by DSR at 17/12/2021 - 16:05
Yes I take absolutely no deposit, no need since most tenants don't admit to any damage and call it wear and tear, so how do you define a thin line between the two?

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