Statutory Declaration form for LL from the DPS Help

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    Statutory Declaration form for LL from the DPS Help

    The T has left the property when Section 8 Notice was served due to non-payment of rent before the end of the tenancy I have been told by the tenant they would sign off the deposit but they just arent bothering to do so, therefore I have the Statutory Declaration to fill in and get countersigned by a solicitor from the DPS. I am just having a little trouble with it being a first time LL and the DPS werent very helpful.

    First of all we want to claim the deposit back both for non payment and damage to the property by T, so I am not sure what to do on point 5 of the form as it says a or b not both, should I just attach evidence for both to give them all the information possible as I don't want want them to deny the claim on unpaid rent but if I went for damages they would have accepted it or vice versa, either way they owe enough not to get the deposit back.

    Also in section 2 of the form it mentions that "I have served a written notice requiring that I be paid £*...and the T has not responded to such written notice. I confirm that at least 14 calendar days have passed since the end of the T." I haven't sent anything to them about the deposit the DPS have sent them, but I know they have it and havent sorted it out as I have been txtd mentioning they will do so but haven't bothered. So should I be sending them something and awaiting 14 days or so before I fill in this form? Also the tenancy doesn't end till later in the year, but T has left a month or so ago so can you still sign to confirm 14 days have passed since tenancy end?

    Thanks in advance, sorry the length just wanted to make sure I have everything in there.

    #2
    I would like to know this as well Bump^

    Comment


      #3
      Has the tenant left? In which case, although the fixed term may not have ended, the tenancy may have ended by surrender.

      Comment


        #4
        Yes the T has left, thanx

        Comment


          #5
          If there is sufficient provable damage, claim for that from the deposit - unpaid rent is easy to prove in court, damages less so.

          Comment


            #6
            Hi I'm on about DPS form not going to court, just on the form it says A or B if the claim is for damages OR unpaid rent but I wonder if it is best just to put information for both and let the DPS decide which to use. Also should I send a letter to the T and wait 14 days for a reply. The women on the phone from the DPS told me that it was ok if the T had left 14 + days ago but she said she couldn't guarantee anything as they weren't solicitors also she said it was ok to say that I had sent written notice even though I hadnt but a letter had been sent from the DPS but she didn't seem sure.

            Comment


              #7
              Forget stat dec deposit & DPS letters
              DPS are asking have you provided Ts with list of claim 14+ days ago
              If you have current contact address / mob tel no for ex Ts, provide this to DPS and claim repayment of full deposit. DPS will prob send txt to T notifying them of your request.
              If T disagrees they can ask for dispute resolution. If they do not respond, you should win by default.
              Be aware if deposit is repaid to you before the T has ended & Ts move back in, as is their right, you could be open to charge of failing to protect deposit so get a clear statement from T that they surrendered T on <date>, or leave the dep in DPS until at least 2 months after end of fixed term, having served a valid s21 on T at rented address, to expire one day after the end of the fixed term.

              Comment


                #8
                I haven't sent the T anything regarding the claim, have previously sent them a section 8 as mentioned earlier, do I still have to send them something declaring damages and/or missing rent that is due and wait 14 days before filling in the form, or is the DPS sending the T enough?

                Would it be simpler to cut the DPS out and go to court instead as I want to get a CCJ anyway?

                Comment

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