DPS advice please

Comstock

Hi I left a rented property on 20th August, and put in a claim for my deposit back. This is still showing as 'awaiting landlord response' with the DPS.

How long does the landlord get to respond? Is there a deadline by which, if he hasn't responded, I automatically get my deposit back?

anselld

Not sure the timescal but no, you will not get it back automatically if LL fails to respond.

Comstock

anselld wrote: »

Not sure the timescal but no, you will not get it back automatically if LL fails to respond.

I won't? So he can leave it sat there indefinitely? That can't be right, surely?

G_M

No limit.

But 14 days if you follow the Single Claim Process. See here.

21. Single Claim Process - Statutory Declaration
a. To use the Single Claim Process, either the Landlord or Tenant who
is claiming part or all of the Deposit (the “Claiming Party”) must
provide The DPS with a Statutory Declaration at least 14 calendar
days after the Tenancy has ended.
b. The Statutory Declaration can be obtained by logging into the
deposit online, completing an online Enquiry Form, available
through our Virtual Agent or the Frequently Asked Questions at
www.depositprotection.com or by telephoning 0844 4727 000.

c.

PLEASE NOTE: the Statutory Declaration must be sworn or

affi rmed in the presence of a Solicitor/Commissioner for Oaths/ or
a Magistrate.
d. The Statutory Declaration must contain the following information:
i. the date on which the Tenancy ended;
ii. confi rmation that the Parties have failed to reach agreement
with respect to the repayment of the Deposit, with details of
any communications between them since that date (whether
relating to the Deposit or otherwise);
iii. the basis on which the amount of the Deposit claimed is calculated,
with particulars of any facts relied on to justify claiming that amount;
iv. confi rmation of whether the Statutory Declaration is being made on
the basis that;
1. the Claiming Party has no current address for, or other means
of contacting the other party, whether that be the Landlord or
Tenant (the “Other Party”). If so, details must be given of any
address (other than the Tenancy property) and other contact
details (including telephone numbers or email addresses) which
the Claiming Party has for the Other Party; or
2. the Other Party has failed to respond to the Claiming Party’s written
notice in relation to the distribution of the Deposit. In this case a copy
of the written notice sent to the Other Party must be attached.
v. any information the Claiming Party has as to the whereabouts of the
Other Party;
vi. confi rmation that the Claiming Party gives his consent, in the event
of the Other Party disputing that they should be paid all or part of the
Deposit, for the Dispute to be resolved via Adjudication;
vii. confi rmation that the Claiming Party considers that he is entitled to be
paid all or part of the Deposit as claimed; and
viii. a declaration that the Claiming Party makes the Statutory Declaration
in the knowledge that if he knowingly and wilfully makes a false
declaration he may be liable to prosecution under Section 6 of the
Perjury Act 1911.
22. Single Claim Process – Statutory Declaration Notice and Resolution
a. Once The DPS has received a properly completed Statutory Declaration
which meets the above requirements, it will issue a Statutory Declaration
Notice and a summary of the claim to the Other Party’s registered address
asking the Other Party to indicate within 14 calendar days of receipt:
i. whether the Other Party accepts that the Claiming Party should be
paid the whole of the amount claimed;
ii. whether the Other Party accepts that the Claiming Party should be
paid part of the amount claimed and, if so, how much; and
iii. if the Other Party does not accept that the Claiming Party should
be paid the whole of the amount claimed, whether the Other Party
consents to the Dispute being resolved by an Adjudicator.
The DPS will also, where possible, send notifi cation that a postal Notice has
been issued via email or SMS.
b. Unless the Other Party completes and returns the Statutory Declaration
Notice so that it is received by The DPS within 14 calendar days of issuance,
indicating their responses to a.i - iii above, The DPS will release the full amount
claimed to the Claiming Party within 10 calendar days of processing the claim.
c. If the Other Party completes and returns the Statutory Declaration Notice
so that it is received by The DPS within 14 calendar days of issuance,
confi rming that he accepts that the whole or part of the amount claimed
should be paid to the Claiming Party, such amount will be paid to the
Claiming Party within 10 calendar days of The DPS receiving it.
d. If the Other Party completes and returns the Statutory Declaration Notice
so that it is received by The DPS within 14 calendar days of issuance,
indicating that he does not accept that the Claimant should be paid all or
any of the amount claimed, The DPS will inform the Claiming Party that
their claim has been rejected wholly or in part and shall provide a summary
of the Other Party’s Statutory Declaration Notice.
e. The Claiming Party will have 7 calendar days from the issue of the
summary of the Other Party’s Statutory Declaration Notice to either
accept or disagree with the contents of the Other Party’s Statutory
Declaration Notice and to submit any additional evidence which they
wish to be taken into account. The Other Party will also be given 7 days
notice that the Dispute will be referred to the Adjudicator and given 7
days to submit any fi nal evidence. If no response is received from the
Claiming Party or the Other Party within 7 calendar days, the Dispute will
be referred to the Adjudicator in any event.
f. If the Other Party completes and returns the Statutory Declaration Notice
within 14 calendar days but fails to indicate whether he consents so that it is

received by the Dispute being resolved by an Adjudicator, he will be treated

as having given his consent for the Dispute to be referred to Adjudication.
Both Parties will then be informed that the Dispute has been referred to
Adjudication as detailed in the process defi ned in (e) above.
g. Upon completion of the steps detailed above, The DPS will forward copies
of the
i. the Statutory Declaration;
ii. the Statutory Declaration Notice;
iii. any additional evidence submitted by either Party;
to the Adjudicator (see; Adjudication at section 28 below).
h. Any evidence submitted by either party after the Dispute has been
referred to the Adjudicator will not be considered by the Adjudicator

if a Decision has already been made.

Comstock

So I have to get this witnessed by a solicitor? Sod that for a game of toy soldiers. At least the landlord doesn't get to keep it, which is what I got the impression he did routinely in the past.

EDIT I think I will be withholding my last months rent in future, as this scheme provides no real protection as far as I can see.

moneybunny123

It only costs about £7.50 (or something around this figure) to get it witnessed by a solicitor. I had to do it to get my tenants deposit back after she left owing me two months rent (and money for endless damage and cleaning)

Comstock

moneybunny123 wrote: »

It only costs about £7.50 (or something around this figure) to get it witnessed by a solicitor. I had to do it to get my tenants deposit back after she left owing me two months rent (and money for endless damage and cleaning)

Thanks, that is less than I thought. However there is still the issue that I might be throwing good money after bad if I spent £7.50 I don't have, plus postage costs etc and still end up losing.

I think I just need to move on, sadly...

GDB2222

Comstock wrote: »

Thanks, that is less than I thought. However there is still the issue that I might be throwing good money after bad if I spent £7.50 I don't have, plus postage costs etc and still end up losing.

I think I just need to move on, sadly...

Why should you lose? It would be up to the landlord to sustain a claim for part of the deposit, as otherwise you get the lot. It doesn't sound like he is doing anything at the moment.