DPS question.... statutory declaration

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  • DPS question.... statutory declaration

    If you have a tenant (nominated as "lead tenant" for the purpose of the DPS) who has not responded to any paperwork with regards to paying back some/all/none of the deposit to them, it seems you can go down a "single claim route".

    For this you have to fill out a "statutory declaration" form (available on request from the DPS). This needs to be completed in the presence of a Solicitor, "commission for oaths" (WTF!) or a Magistrate.

    Presumably there is a cost associated with this.

    Can this cost be passed on the tenant? Surely something in the tenancy agreement along the lines of the following would work?

    "The T agrees to pay all reasonable costs incurred by the LL relating to:
    • uncleared cheques
    • any costs relating to the return of the deposit arising as a result of a dispute that is resolved in the LLs favour either by arbitration or by single claim method
    • etc

    If every tenant of ours just decided to ignore all correspondence in a years time the cost of trying to go through this claim method would be catastrophic!
    Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

    I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

  • #2
    mm our contracts have something alongn the lines of

    .... To pay all costs incurred by the Landlord or the Landlord’s Agents incidental to various matters such as preparation and service of a Notice under Section 146 or 147 of the Law of Property Act 1925 preparation and service of any Notice of Schedule of Dilapidations recovery of arrears of rent or other monies due any request for consents required under the Agreement any breach of the provisions of the Agreement obtaining of any Court Order necessary to gain vacant possession of the Premises

    so not sure if this would cover what you are asking for?


    • #3
      "Commissioner for Oaths": this role still exists and some of them have the status personally.
      However, every solicitor who holds a currently-valid Practising Certificate has the powers of a Commissioner. I think that this is true also for Barristers and possibly Fellows of the Institute of Legal Executives.
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