Students Unable to Get Deposit Return. DPS, Statutory Declaration, LA in Liquidation

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    Students Unable to Get Deposit Return. DPS, Statutory Declaration, LA in Liquidation

    My son and three other students are having difficulting getting their deposits returned since summer 2019. They were told that the letting agency went into liquidation and that there are no contact details for the landlord.

    They had used DPS at the start and the website confirmed that they have deposits held for them. A claim for 4x £100 deposits (actioned by one student on behalf of the four) was submitted online and after a couple of weeks the application was declined stating that the landlord is not responding, and that a Statutory Declaration form has to be sent in.

    This seems quite convoluted, and you have to jump through hoops from what I have read here and in other places. It seems that DPS will do their utmost to make it difficult for students to get the deposit returned.So if going down that route:

    * Where do you get the SD form from? There is a hint on the DPS site that it is available online but I can not find it. Is it only available if logged in?

    * Can one student fill in the form for the 4x £100, representing the other 3 students? (I believe one is currently overseas making a legal witness difficult)

    * Can this be resolved directly with the landlord?
    I would rather a more direct route; contacing the landlord directly and using the art of persuasion asking him / her to respond to DPS and agree to the deposit return. So how can I find out the contact details of the LL?

    Remember the letting agency went into liquidation. Could it be that the LL was a director of the LA? Could I dig up some info in a directors search? The property is now being managed by a different letting agency. Would they be obliged to give current / previous LL details? Is there any kind of publicly available information? Land registry?








    #2
    You could use the Land Registry website to find the owner of the property, (costs £3 I think) and this will usually, but not always be the landlord.

    If that comes to nothing then the statutory declaration route is probably your only option. You will have to ask DPS to send you the form as I don't beleive it is online. If there was a 'lead tenant' for deposit purposes it may be possible for that tenant to claim the full £400 on behalf of the others, but I'm not sure of their rules in this regard.

    Comment


      #3
      Deposit protection can be a bit long winded!

      First find out who has the money - is it with DPS or just insured by them? If DPS has the money they should release on the swearing of a SD by the lead tenant. A SD can be sworn at a solicitors office |( it has to be in front of a commissioner for oaths) which is nominal cost of about £20 .The money should be released soon after this by DPS. If you have trouble locating the SD form just phone DPS.

      I wouldn't worry about anything else if this can be done as above.

      Comment


        #4
        The claim process looks complicated, but it isn’t.
        The hardest part is getting the form from the DPS.

        The legal stuff takes 5 minutes and is a simple identity check with someone who’s qualified to carry one out. And you can appreciate why it’s necessary.

        This is exactly what the deposit protection process is for.
        Previously, the tenants would probably just lost their money.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Thanks for the replies. This has now been resolved.

          My son spent 5 mins in a local solicitor's and within two week he had the full 4x £100 returned to him for a nominal fee. The £400 duly shared between the 4 occupants.

          Comment


            #6
            Blimey, something worked as it's meant to!

            Thanks for letting us know, glad it worked out as it should have done.

            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment

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