How to claim back deposit from DPS

manchestermargo

As a landlord can I claim back the deposit held with the DPS for non payment of rent. Tenant left owing two months rent. I have written to him twice asking for the money, he has not replied.

Thank you for any advice.

Fire_Fox

Welcome to MSE!

Has the tenant just abandoned the house or has he served a month's notice in writing? If abandoned have you gone through the correct legal process to gain possession of/ entry to the house? Have you contacted the DPS about the deposit? Have you seen the 'search this forum' facility (right of turquoise band immediately above the stickys)?

EagerLearner

Hi & welcome - we assume this is a private rental as you have not mentioned a letting agent. DPS should be able to give you further guidance but there is also a wealth of info here on MSE. I found Dawn Advice to be great and free legal advice on the phone, Google them and also perhaps speak to your council once you have read up on the threads here some more so you know where you stand. Good luck.

manchestermargo

Thanks for your replies Fire Fox and Eager Learner.

Tenants were being taken to court owing two months rent. Unfortunately one of the tenants had an accident and died. The other tenant left and due to the tragic circumstances we decided not to pursue the rent arrears.

However I thought we could just claim the deposit back at least this would pay half the rent arrears. Is this the case, or will the DPS pay the deposit back to the remaining tenant and tell us to sue the tenant for the unpaid rent.

I understand the DPS will ask if I know where the remaining tenant now lives, and unfortunately I do!

Thanks once again for any input.

mlz1413

The DPS should not let either party have the deposit until both parties have contacted them. If both parties agree on the value(s) due to one or both parties then thats fine, if not the dispute system is used.

You need to contact DPS straight away and ask them what the process is as they will have to send you a form, they will also send the lead tenant a form - regardless of if they have left or not - as it is part of the procedures they have to follow.

I would also ring them weekly until you get the form as they can be a bit slow on this.