Getting deposit returned when unable to contact landlord

Calleja

Hi all,

Briefly - moved out 20th Jun (suddenly and not under good circumstances - I have another post about this but I don't think its entirely relevant here). Deposit registered with DPS, but since it was registered, the letting agency have changed three times.

Requested my deposit back on DPS about a week after vacating. Since then, and still, it states awaiting landlord response.

The current letting agency (who have only been 'current' for about a month) emailed to say the previous letting agency still held/managed the deposit. I have tried to contact this agency by phone and email but cannot get anyone to deal with me (a specific person deals with deposits apparently, but I just get her answer phone and she hasn't responded to my emails).

I never had a check in when I moved in, nor did I attend a check out, if there was one (I tried but couldn't get in touch with anyone).

I see on the website a 'start a single claim' link - is this the right thing to do at this stage or should I do something else first? (I will send a letter to agency if I decide to do this).

I've seen another thread which states you should receive your deposit back in 10 days, but thats when it has been agreed with the landlord. As I can't get in touch with anyone, I figure this timeline doesn't apply?

I just want to make sure I take the right steps.

Thanks!

benjus

According to DPS's FAQ:

A tenant can use the Single Claims Process if:

the tenant has no current address for the agent/landlord; or the agent/landlord fails to respond to the tenant’s written notice asking whether the agent/landlord accepts that the tenant should be repaid some or all of the deposit within 14 calendar days of the end of the tenancy.

Just go ahead and start the Single Claim... If the landlord doesn't respond it'll be a month or so before you get the money, so start it ASAP. I wouldn't bother with any further attempts at direct contact with the agent/landlord.

Calleja

Thanks benjus.

Not sure how I missed that, I did check out the FAQs, but clearly I missed it!

Thanks!

Calleja

OK - so I've started the single claim process. However, they state they are going to send me a form which must be sworn or affirmed in front of a solicitor or magistrate.

Does this sound right? It certainly doesn't sound fair. I thought the whole theory behind a deposit was that it remains the tenants money unless the landlord can prove otherwise. If my landlord is making no claim in my money (by virtue of the fact he has disappeared off the face of the earth), why do I have to go through this process, taking up my own time and, presumably, at my own expense?

Can anyone please explain the rationale behind this to me please? It seems very unfair.

Any ideas how much this little venture is going to cost? (of course I will seek quotes, just wondered on a ballpark figure)

Mr_Pitiful

Calleja wrote: »

OK - so I've started the single claim process. However, they state they are going to send me a form which must be sworn or affirmed in front of a solicitor or magistrate.

Does this sound right? It certainly doesn't sound fair. I thought the whole theory behind a deposit was that it remains the tenants money unless the landlord can prove otherwise. If my landlord is making no claim in my money (by virtue of the fact he has disappeared off the face of the earth), why do I have to go through this process, taking up my own time and, presumably, at my own expense?

Can anyone please explain the rationale behind this to me please? It seems very unfair.

Any ideas how much this little venture is going to cost? (of course I will seek quotes, just wondered on a ballpark figure)

It's in the FAQ:

How much will it cost to have my Statutory Declaration witnessed?

Section 2 of The Commissioners for Oaths (Authorised Persons) (Fees) Order 1993 states that the following fees 'shall' be charged: £5.00 for taking an affidavit, declaration or affirmation, for each person making the same and, in addition, £2.00 for each exhibit or schedule referred to.

http://www.depositprotection.com/help/browse/custodial/tenant/single-claim-process

Calleja

Wow, I should really pay attention to those FAQs more!

Thanks Mr Pitiful. Not expensive but still unfair in my opinion.