Over 80 days to reclaim deposit?

Over 80 days to reclaim deposit?

9:56 AM, 15th March 2024, About 9 months ago 13

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After a year of waiting for legal repossession, I have up to another 80 + days before I can access the deposit!

DPS, 14 days before the tenant, who has disappeared does not reply, + 1 week to find a solicitor who will witness the signing of the statutory declaration (17 solicitors declined to offer this service – Why ?)

Another 14 + 10 days while the uncontactable tenant does not reply to the DPS, one hopes so deposit can be returned after 45 days if the tenant remains uncontactable; 6 weeks of council tax and unpaid utilities waiting for a no-show.

Worse, if the tenant does appear after 42 days and contests, then another 14 days to provide evidence, another 28 days for adjudication so now we are at day 87 for a resolution. By this time, there isn’t any deposit left after paying nearly 3 months of council tax etc.

Is the government kidding?

While I fully appreciate a tenant has the right to reclaim a deposit, these time scales and delays are absolutely ridiculous in this modern age of superspeed communication and internet, and increased financial pressure from local councils.

Marita


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Steve Masters

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10:40 AM, 15th March 2024, About 9 months ago

And that's why I use an insurance based deposit protection scheme where I hold the deposit. That way I'm in control.

Possession is nine tenths of the law as they say.

Sally Robinson

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10:59 AM, 15th March 2024, About 9 months ago

Reply to the comment left by Steve Masters at 15/03/2024 - 10:40
Thank you. I will change to these as I didn't fully appreciate what an insurance based scheme actually meant? Are these also operated by DPS, TDS etc? best wishes

Reluctant Landlord

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11:19 AM, 15th March 2024, About 9 months ago

I'm going to try the inured option next time round myself having had issues in similarity to the OP. Which is best TDS or DPS???

Disillusioned Landlord

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11:32 AM, 15th March 2024, About 9 months ago

The whole DPS process is a joke, I had a tenant trash the place and the bill was over £3k, I tried to reclaim the deposit but the tenant objected. Due to this the DPS said I had to go to court to recover the deposit of £550, which would probably take the best part of a year currently - so just what is the point of the DPS if they cannot legally look at a case and make a call on it?

Just another broken wheel

Susan Robinson

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11:36 AM, 15th March 2024, About 9 months ago

I don't know the terms of your rental agreement with said ex-tenant but assume that council tax was not included in the rent? If not included then they are responsible for the council tax until you had legal repossession so that liability is between them and the council - not you and the council will pursue tracing the tenant. Maybe try recovering what you have paid - if I am understanding the history here.

DAMIEN RAFFERTY

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15:15 PM, 15th March 2024, About 9 months ago

MyDeposit offer the Insured deposit and not sure if the other 2 schemes do !
If your a member of the NRLA you also get a good discount off the cost 😉

Michael Johnson - Amzac Estates

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15:56 PM, 15th March 2024, About 9 months ago

After all these years of taking deposits ( since 2007) I am still surprised why any landlord would trust the DPS , they have such a terrible record with tenancy deposits.
We have used My Deposits since 2007 and whilst I acknowledge there is a small cost to getting the administration completed we have the money and this always puts us in the driving seat.
We have had a few tenants challenge deductions and have requested a dispute resolution which we always refuse ( as we always come off worse) which forces the tenant to use the small claims procedure.
The days of being the 'nice' person are well and truly behind us now. The relationship is purely transactional and its much clearer that way.
If you are a member of the NRLA there is a substantial discount assuming so you have a lot of deposits to record it makes the fee well worth the discount. Although its the only reason to be a member of such a worthless organisation.

Frank Jennings

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14:14 PM, 16th March 2024, About 9 months ago

Reply to the comment left by James Sim at 15/03/2024 - 11:32
I agree James,
I had a similar experience. Tenants left and I had to pay out £1150 to clean and repair the property. Made a claim, and the tenants objected. Eventally I received £100 contribution from the tennants. Totally useless! I even had an independent report of before and after condition with photos, but it made no difference.
How can I protect myself from these bad tennants, and corrupt councils, courts and govenments?
Do I really have to sell up and move abroard? Really?
PRS LL's are just mackerel in a shark feeding frenzy!
Ultimately it's the tennants that will suffer in the end!

Matthew Jude

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13:29 PM, 17th March 2024, About 9 months ago

Reply to the comment left by Susan Robinson at 15/03/2024 - 11:36
Sadly, some council's will only accept that the tenant is responsible for the council tax during the fixed period and not in any continuing periodic tenancy. My council (Nottingham City) will only act on what a tenant says, even when they have proof that the tenant is commiting fraud. This is another grey area, when all tenancies are periodic, not fixed under the coming reform bill.There is nothing to stop a tenant dishonestly saying that they moved out months ago, leaving the landlord with the liability, as "we only accept what the tenant says"!
Truth, justice, common sense and morality are no longer applicable to landlord tenant issues.

In five years time, when Labour have failed to build estates of council houses, but have gleefully driven out another tranche of small landlords, we will have the dickensian spectre of the poor working and the poor retired living in shared houses and temporary camps. Left wing anti-landlord indoctrination is to blame for a lot of this mess.

My thoughts are, evict your problem tenants now before the working option of s21 is taken away. Neither party will fund the courts nor ensure they are fair to landlords.

I've already had families desperate for accommodation at three times the cost of social housing, but with twenty plus replies to each advert, I have to turn most away. Maybe social housing tenants on good wages should be asked to give up their susidised houses to those genuinely in need?

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