DPS dead landlord rant

slimzoe

I dont think anybody can advise here but I need to vent.
Some of you may remember my landlord passes away suddenly last year, we moved out end of January this year and the acting agent have said all is fine with the house and we can have our deposit back
BUT
Because the DPS is still registered in the landlords name they are telling us (both agent and DPS) it's going to take months to get it back.
It's so frustrating, we are going to have to wait for just over £1k back with no timeline of just how long it will take.
We are now waiting on our dead landlords solicitor to contact DPS to start proving Probate etc.
We know we can't be the only ones as he had several properties (around 30) 

theartfullodger

Sorry to hear of anyone's loss.

Do you know who his executor is or who inherits?  They might see sense.

Why did you move out when presumably you didn't have to?  I'm sure that as his estate ain't paying their bills they'd quite understand you not paying rent .. 

Might be worth 'phoning Shelter 0808 800 4444 - this case might interest them, clearly unfair on you or anyone else similarly stuffed 

slimzoe

theartfullodger said:

Sorry to hear of anyone's loss.

Do you know who his executor is or who inherits?  They might see sense.

Why did you move out when presumably you didn't have to?  I'm sure that as his estate ain't paying their bills they'd quite understand you not paying rent .. 

Might be worth 'phoning Shelter 0808 800 4444 - this case might interest them, clearly unfair on you or anyone else similarly stuffed 

Oh god I sounded so insensitive then, I didn't mean to just frustrated.
We moved out because we've bought a house, the tenancy was only meant to be 6 months whilst we found a house but covid and then a new build made it 2 years. (Completely irrelevant but in that time we've had 5 different agents) 
When he passed in August we were never given any details of solicitors, executors etc, just the new agents and the agent won't give us their info.  

Skiddaw1

You don't sound insensitive @slimzoe .  Obviously, none of it can be helped but I can quite understand how frustrating it must be.

princeofpounds

Could you potentially try the single claim process? There is a possibility that the LL's estate don't reply within 14 calendar days and if I'm reading the rules right, that enables the DPS to pay the money out.

https://www.depositprotection.com/media/1392/dps_guide_to_online_statutory_declaration_custodial_web.pdf

Obviously you'll have to be ok signing whatever the statutory declaration requests of you. I'm not sure what that involves.

theartfullodger

Think I'd be writing a Letter before action to solicitor, also requesting details of executors and inheritors....

GDB2222

princeofpounds said:

Could you potentially try the single claim process? There is a possibility that the LL's estate don't reply within 14 calendar days and if I'm reading the rules right, that enables the DPS to pay the money out.

https://www.depositprotection.com/media/1392/dps_guide_to_online_statutory_declaration_custodial_web.pdf

Obviously you'll have to be ok signing whatever the statutory declaration requests of you. I'm not sure what that involves.

Indeed, this is the way to go. It's highly likely the LL's estate won't reply, as they are perfectly happy for the deposit to be returned.

Thrugelmir

slimzoe said:

We are now waiting on our dead landlords solicitor to contact DPS to start proving Probate etc.

Probate can take time to be obtained. The solicitor is duty bound to wind up the estate in an appropriate manner. Settling liabilities being amongst them.