LandlordZONE

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Nov, 2014

Friday

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  1. #1

    Default DPS Tenant says I can keep deposit.

    I've had an ongoing problem since January when my tenant, an elderly lady in her 70's, moved out early and sent keys back to me by recorded delivery.

    The only contact I had was her mobile and at first she didn't repond to my trying to contact her. Then she did respond to say she'd had a breakdown, couldn't cope with living alone and that I could keep the deposit in lieu of some of the rent.

    Besides the problems of entering/cleaning/reletting etc - those I have coped with and I've accepted that I don't want to chase her for any extra money and will be happy just to keep the deposit - IF I can get my hands on it.

    It has taken me all this time to get a forwarding address from her so entered the
    DPS site tonight to attempt to make a claim.

    I wasn't sure how to go about it, so at first tried going into the Single Claim Process but when I read you had to go to a solicitor for an affidavit, I cancelled and went back to the beginning to request a Repayment.

    I clicked 'Tenant Not Present', then on next page where it says 'Amount to be Deducted', I entered the full amount, leaving Nil to be returned to Tenant.

    On the next page it requests Bank Details, so not being sure what to do, I entered my own bank details - onto next page and they want the Tenants address, which thankfully, I could supply.

    So they presumably write to the Tenant: However, if the lead tenant does not agree, the deposit status will change to Disputed Claim. You'll then both be given a further opportunity to agree on how the deposit amount should be repaid.

    So, although she says I can keep the deposit, unless she actively replies to the DPS stating this, I guess it will to to 'Disputed' status?

    Has anyone else had this scenario who could advise me please?

  2. #2
    Join Date
    Jan 2011
    Posts
    3,634

    Default

    You should have stuck with single claims route, the stat dec (affadavit) takes 5 mins, costs £5 and IME any solic will do, prob as a 'walk in' client. You are now dependent on an elderly ex T replying to DPS

  3. #3

    Default

    Oh dear. Must admit I don'treally understand what the single claims route is for and under what circumstances you use it. I guess I thought it was something you did after the other route was exhausted.

  4. #4

    Default

    Morning,

    Don't worry about the single claim process. As mariner said, it's a fixed fee of £5 to for a solicitor to witness your statement and it's often just a walk in thing.

    The DPS give Tenants 2 weeks to respond before ruling based on the evidence provided... Assuming its only your evidence provided then it shouldn't take long for them to decide where to award funds...

  5. #5
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by jd2913 View Post
    Oh dear. Must admit I don'treally understand what the single claims route is for and under what circumstances you use it. I guess I thought it was something you did after the other route was exhausted.
    There's a whole page of FAQs about it:
    http://www.depositprotection.com/hel...-claim-process

    E.g. 'Who can make a single claim?'

    Any agent/landlord or tenant whose deposit is registered with The DPS. The Single Claim Process is a method of repayment for use for a landlord/ agent if:-

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


    ii. the agent/ landlord believes they are entitled to claim some or all of the deposit under the terms of the tenancy.

  6. #6

    Default

    Thanks Dan - that's reassuring. So it will only be if she actively disputes my claim herself (which I don't think she will) that I may have problems.
    Mariner/Westminster - thanks. I went into the FAQ's and it appears I might have been in a Catch 22 situation because it said I couldn't make a claim until the end of the lease, which was just recently and then only if I had no forwarding address, which I have just been given.

  7. #7
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    Last time I had dealings with a DPS deposit return, I was still using an agent so he applied for me. The tenant never replied to the scheme to contest it, and after a set period, it automatically defaults to the LL for the amount claimed. If your T is not likely to go back and argue, there is likely to be no dispute to answer.

  8. #8

    Default

    Quote Originally Posted by LesleyAnne View Post
    Last time I had dealings with a DPS deposit return, I was still using an agent so he applied for me. The tenant never replied to the scheme to contest it, and after a set period, it automatically defaults to the LL for the amount claimed. If your T is not likely to go back and argue, there is likely to be no dispute to answer.
    This is right - works very much like the small claims court. If the 'defendant' doesn't respond they are assumed to be guilty of what the 'claimant' suggests.

  9. #9

    Default

    Thanks all - fingers crossed then!

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