Help with DPS - getting declaration witnessed by a solicitor

moneybunny123

Can anyone help me?

My tenant left a fortnight ago (owing 2 months rent plus further costs, some yet to be determined, for damage/cleaning/repairs/etc).

I've requested a single claimant form from the DPS (which I've received) and although my tenant is (verbally) in agreement with me receiving the whole of the deposit, it's not in her name but in her ex-partners name who left the property over 6 months ago. Neither of us know how to contact him, hence the single claimant form.

Anwyay, the deposit that is being held is for £575. I've been told that to get it witnessed by a solicitor will cost £5 plus £2 "per exhibit". I'm assuming that an "exhibit" is any additional piece of paper showing evidence? If so, I had planned on submitting several pages worth - photographs, the tenancy agreement, quotations for some of the work, etc.

Is this worth my hassle? Surely if she owes rent then do I need to bother providing evidence for all the other stuff if a solicitor is going to charge me £2 for each item?! And will it be each SHEET of paper, or just each document in general? i.e. £2 for the tenancy agreement, £2 for all the photographs, £2 for a quote for carpet cleaning, £2 for a quote for repairs, etc....

Help!!

BitterAndTwisted

I don't see why you would need to go to the expense of getting anything witnessed by a solicitor. The rent owed is in excess of the deposit held. Get onto the DPS website and claim the whole of the deposit. If the ex-tenant does not respond to dispute it within a certain time-frame (dunno what that is) the monies will be released to you.

moneybunny123

I don't understand how I can do that? I was told (by the DPS) that I had to go down the soul-claimant route and that involves them sending me a form which I need to have witnessed.

moneybunny123

I just telephoned the DPS again - I can't make a claim online because the details they hold for the tenant are no longer valid (as he walked out 6 months ago). The remaining tenant didn't change her details, therefore I have to make a single claim - and I have to get it witnessed by a solicitor or magistrate

DVardysShadow

moneybunny123 wrote: »

... I was told (by the DPS) that I had to go down the soul-claimant route

I thought the soul claimant route was something to do with bargains with the devil?

BitterAndTwisted

I don't understand the problem: was this a joint-tenancy originally?

moneybunny123

Yes, it was. But the DPS only allow you to put one name - the lead name - on the deposit. That was his. He left, didn't share the log on details with his ex parner, so she isn't able to log on to release the deposit to me. The DPS tell me that they will try by whatever means they can to contact him, and if they hear nothing within 2 weeks, they'll release the deposit to me.

It's all such a farce. She owes me over 3 times what is in the deposit, and I'm now having to pay for a solicitor to witness my signature on the declaration!

G_M

moneybunny123 wrote: »

Yes, it was. But the DPS only allow you to put one name - the lead name - on the deposit. That was his. He left, didn't share the log on details with his ex parner, so she isn't able to log on to release the deposit to me. The DPS tell me that they will try by whatever means they can to contact him, and if they hear nothing within 2 weeks, they'll release the deposit to me.

It's all such a farce. She owes me over 3 times what is in the deposit, and I'm now having to pay for a solicitor to witness my signature on the declaration!

This seems to be standard - you just put in a claim for the deposit to be released to you.
They 'try by whatever means....' and fail.
They release the deposit.

Where does the solicitor fit in?

I can't make a claim online because the details they hold for the tenant are no longer valid

?????????
Claim online. It is then up to the DPS to 'try by whatever means....' and the tenant to respond.

moneybunny123

I was told by three different people at the DPS that I can't do that? Every person I've spoken to say I have to make a single claim, which involves getting the declaration witnessed by a solicitor.

jamie11

BitterAndTwisted wrote: »

I don't see why you would need to go to the expense of getting anything witnessed by a solicitor. .

It's because it's in the DPS rules, fortunately it's a only a standard charge of a fiver.

Richard_Webster

The standard fee is £5 for the declaration and £2 for each exhibit. You can decide what an exhibit is. You could say "I attach a bundle of documents marked ABC(usually your initials)1". You then refer to "the tenancy agreement set out in pages 1-6 inclusive of ABC1 and the quotations for works in pages 7-9 inclusive...."#

The solicitor who deals with the declaration is not interested in the content. If each document is separate exhibit he has to mark each one separately:

This is the exhibit ABC1 referred to in the Declaration of [name of person making it] made before me this.... day of.... 2011

.

and so charges £2 for that each time he does it. If you bundle them up in a big exhibit he just markes the front of it.