DPS – Refund during lockdown?

DPS – Refund during lockdown?

9:55 AM, 21st January 2021, About 4 years 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?

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.


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Seething Landlord

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9:06 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Paul Maguire at 23/01/2021 - 13:46
If you think that you can disguise a deposit by calling it something else you could be in for a nasty shock. The fact that you have got away with it so far does not prove anything. You are risking being ordered to pay 3 times the amount of the deposit to each of your 10 tenants for the sake of saving yourself a bit of extra paperwork and administration at the commencement of the tenancies. Why would you do that?

Paul Shears

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9:28 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Dylan Morris at 24/01/2021 - 08:55They only have to provide a future contact address for MyDeposits. My tenant's tend to provide the address of a parent. Having said that, one gave their parent's address in Austria and at least two others gave false addresses. But that is just something to be endured. It's unlikely to be a problem for myself, given the details of how I manage the business. It would be a problem for them, if they tried to create a problem for me.
I have noted over the years, that tenants do not form lasting relationships with previous tenants, even if, as is usually the case, they all get on with one another. The inevitable mail, which is never passed on to myself, for previous tenants, gets put in a drawer somewhere or, more likely, just gets thrown away.

Dylan Morris

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9:54 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Paul Shears at 24/01/2021 - 09:28All seems a bit daft to me to be honest. Parent or friend (if they don’t have parents or don’t get on with them) could have moved house in the meantime or even died. It’s more likely that tenants would still be using their email address or phone number which most people don’t change that frequently now, so likely they could be contacted on these. If tenants don’t contact DPS or My Deposits themselves or respond, then after say 30 days the deposit should be refunded to landlord as a matter of course.

Paul Shears

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9:57 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Dylan Morris at 24/01/2021 - 09:54
Agreed.

Chris @ Possession Friend

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10:33 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Seething Landlord at 24/01/2021 - 08:51
Depends how the tenancy agreement is written, can be the following month, so Tenant is always 2 months in advance.

Chris @ Possession Friend

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10:35 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Dylan Morris at 24/01/2021 - 08:55
Always take a Next of Kin address. - of course you can never know the address of which premises your tenants will move to, ( - they won't know themselves. )

Seething Landlord

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11:22 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Chris @ Possession Friend at 24/01/2021 - 10:33In that case how would you rate your chances of persuading a court that what you have described as two months rent does not actually include a tenancy deposit equivalent to 1 months rent?

Chris @ Possession Friend

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11:24 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Seething Landlord at 24/01/2021 - 11:22
You take a separate deposit and protect that. As I say, its how the tenancy agreement is written. Taking more than one months rent in advance is not uncommon. Quarterly rents, etc.

Seething Landlord

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11:50 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Dylan Morris at 24/01/2021 - 09:54
An address for contact at the end of the tenancy has to be included in the Prescribed Information, regardless of which deposit protection scheme is used.

Under the DPS terms and conditions the tenant has 15 days in which to respond after being notified of receipt of a statutory declaration from the landlord, failing which the landlord's claim will be paid out of the deposit as long as the declaration includes prima facie evidence in support of the claim.

It is the responsibility of tenants to update their contact details on the DPS website and they fail to do so at their own risk.

Seething Landlord

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11:59 AM, 24th January 2021, About 4 years ago

Reply to the comment left by Chris @ Possession Friend at 24/01/2021 - 11:24
My question really was directed to Michael Holmes who seemed to be suggesting that he takes two months rent in advance instead of taking a tenancy deposit.

I agree that you can take rent in advance for whatever period you wish but no further rent is then due until that period has expired.

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