Tenant won't move out until DPS returns deposit

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    Tenant won't move out until DPS returns deposit

    Well, what a catch 22 situation here!

    Tenant is due to move out on Saturday (6th Dec) and new tenant is moving in on 10th Dec. Great in theory, however the tenants are expecting their deposit back on Saturday morning. We have tried explaining to them that it is being held in the Deposit Protection Service, but they just don't understand it all!! They are saying that they won't move until they get their money Great!!

    I haven't had to go through the process with DPS before as our other tenants have all been tenants before April 07, but reading their info they say they pay the deposit back within 10 working days. Now, I fully understand how frustrating this must be from the tenants point of view as they need their deposit for their new place, not a very good system really for tenants is it?! These tenants don't have a bank account, everything is done in cash and that is how they paid it to us.


    Tenants have been brilliant, house is immaculate and they will be getting 100% of their deposit back - I have also told them that they can ask their new landlord to call us and we can verify their deposit will be being processed at the time that they wish to move in to their new place.

    Anyone else been through all this with their tenant, or any advice on what to do here as obviously we want to help them as much as we can?!

    #2
    Since you say they have been good tenants (unusual on this forum) why not refund the deposit from your pocket while getting them to make arrangements for the deposit to come back to you? Obviously cover your back, but it might be better than losing your new tenants.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      It's a tricky one. You would need their unique deposit withdrawal number (or whatever the DPS call it - there are two numbers, the deposit ref number and then the landlord and the tenant each get given their own unique number) Do they have a computer at their house or could you take them somewhere to a computer where you could make an application online to have it paid in full to you with them present using the unique numbers?

      Once that is done, you are safe to give them the cash amount of the deposit. Otherwise, if you give them cash without their number or if they put a block on it before you get chance to make an application to withdraw it, you run the risk they will change their minds and start a dispute and even if you have a signed contract to the effect of what has been agreed it could be a lengthy process for you to get the deposit back.

      Doing it together online would be the best bet. (providing they have their unique number and you have yours!)

      However, be sure to check the property before you do agree to release the cash!

      Otherwise, I'd say no!

      Comment


        #4
        Yep! I'll agree with Bunny all the way there, only do it if you are sure everything's kosher.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Such a pain, this is one of the reasons I try to stay away from taking a deposit, doesn't really help tenants and sooo much agro for the Landlord. Pre-Deposit Protection the good landlords would refund deposit in cash on the day of depature or handover of keys, it worked well !

          There are various tenant guarantee schemes out there which are much better than taking a deposit i.e TenantGuarantee, better for tenant as no deposit req and better for LL as guarantee xamount of rent & damage.

          Comment


            #6
            Thanks so much for your replies, great idea Bunny. However these particular tenants could be described as 'not a full shilling' if you know what I mean, they don't have a computer or internet access so I presume that they would have received their repayment ID by snail mail. Presumably if they rang DPS tomorrow the best they could do would be to resend it out by snail mail and we could do the rest for them, I'm sure they would give us their ID in exchange for cash!

            These tenants have been just dream tenants really, they just wouldn't comprehend that there are slightly more than 4 weeks in a calendar month, but still paid a calendar month's rent every 4 weeks - we had a heck of a job trying to show them that they had paid too much! LOL The lady had that OCD of cleaning so the house was absolutely immaculate all the time, its a real shame to lose them, and just a shame that this new system does muck up the repaying of deposits to tenants really!

            Comment


              #7
              I think all tenants get their unique Id by snail mail, certainly the ones my tenants have produced when we've done it together have so check with the tenants. Just remember there are two numbers, one which identifies the deposit which you and the tenants will have the same and the others are unique to you and them.

              I have in the past taken the unique deposit number off tenants when refunding the whole deposit and they have trusted me with it and asked me to sort it out. (I am sure I will get shot down in flames by someone for that!)
              Or I have done it online with the tenant when we are together.

              The risk for you is refunding the cash before you have the deposit.

              If they have the number, ( a big IF but maybe they are organised with paperwork as well as cleaning!) see if you can get if off them, do the blurb online, then go back to meet them with the cash.

              Where there's a will there's a way but don't compromise yourself.

              good luck!

              Comment


                #8
                Originally posted by Wickerman
                I have had tenants write a formal complaint that they paid cash for their deposit therefore they want cash back from the office. Even if we held the deposit it would be a pain to get cash out for them, let alone when the DPS have it.
                I agree it would be difficult if the deposit is lodged with the DPS, but if a LL were returning a deposit personally which was given in cash, he should respect tenants' requests to have it back in cash. They were presumably inconvenienced in the first place by having to get the cash together - as a LL, I would much prefer a cash deposit, which is instantly valid and pay-in-able (?!), than a cheque (which might bounce), or an online transfer which takes up to 4 days. For members of a joint tenancy, cash is much easier to divide up thana single payment into one account, which then has to be re-distributed.

                It's not 'a pain' - it's no more trouble than T took in the first place. And given that most T's sign away their right to any interest, not too much to ask...in my view!
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  it worked well !
                  If it worked so well, the DPS would never have been needed. Every system has its faults but the DPS is there to protect both tenants and landlords and offer a fair process. Granted some landlords are great and are very fair in how they deal with deposits, however, I feel the previous system was very much in the landlords favour were a dispute to arise.

                  Comment


                    #10
                    Originally posted by Rover2 View Post
                    If it worked so well, the DPS would never have been needed. Every system has its faults but the DPS is there to protect both tenants and landlords and offer a fair process.
                    I don't think anyone is disputing that, but this thread died two years ago.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                      #11
                      No worries. I left this window open after searching for information regarding the DPS for a friend who has a joint tenancy and can't work out how to get her deposit back. Went back to the window and thought it was a recent thread. Apologies.

                      Comment


                        #12
                        Originally posted by Rover2 View Post
                        No worries. I left this window open after searching for information regarding the DPS for a friend who has a joint tenancy and can't work out how to get her deposit back. Went back to the window and thought it was a recent thread. Apologies.
                        What does your friend want to know, exactly?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment

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