For more information, see section 13, Our Site may place and access certain first party Cookies on your computer or device. Would DPS return the deposit to the tenant if they asked for it, regardless of whether I refused, citing the 6-year court action limit? 0:26 AM, 14th March 2015 About 6 years ago. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. You are deemed to accept and agree to this by using our site and submitting information to Us. They therefore failed to pay some rent in their last month. Ongoing Repayments Summary This website or its third-party tools use cookies which are necessary to its functioning and required to improve your experience. Helps to understand how their visitors engage with our website. Cookie Law deems these Cookies to be “strictly necessary”. We will then run checks on your deposit and respond to you via email, phone or WhatsApp with the status of your claim and the potential value. You may restrict Our use of Cookies. And then, it may well come down to interpretation. - If a Quick Claims payment was made based on what was found OpenRent’s contract specifies that “ [i]f the Deposit is insufficient the Tenant shall pay to the Landlord such additional sums as required to cover all costs, charges and expenses properly due within a period of 14 days from the end of the tenancy. The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. Difference is tenant may respond to DPS, in which case the single claim fails. Ask your landlord for the money. TDS will send you a form automatically if your landlord has not responded within 2 weeks of your request to release your deposit. I can also imagine the reversal of this argument. The key to get a money order for deposit claims is to ensure the judge mentions the deposit in the order who it is protected with and in the case of the DPS states the unique deposit ID code. - Click the “save” button to save entries. Just a thought might help. © 2006–2021 Tessa Shepperson | Rainmaker Platform | Contact Page | Log in. Surely it can’t be forever, because the money is effectively in limbo and would have to go somewhere eventually once both I and the tenant are dead and/or DPS is wound up. The analytics service(s) used by Our Site use(s) the following Cookies: In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. So the Landlord will have to raise the Court claim which if the agent is to be believed (and they have masses of evidence) will result in a 100% award to them. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases): Member profile information is collected with your consent and can be amended or deleted at any time by you; Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years. - Unlike the Loss/Damage Report, a dollar amount is needed to file a claim. The other solution is to see if you can trace the tenant so you can issue legal proceedings against her. In the absence of this, the deposit should be returned. Some tracing agents will operate on a ‘no trace no fee’ basis. You will then both be given a further opportunity to agree on how the deposit amount should be repaid Thank you for using The DPS. 16:41 PM, 13th March 2015 About 6 years ago. Joint tenancy they are both liable for outstanding amount while there claim for damages that your where taking from deposit. give you written information within 30 days. By clicking the consent button, you agree to allow the site to use, collect and/or store cookies. Neither of us have the benefit of the money because it is now with DPS, and DPS won’t release it without a court order. Thanks for the replies. And then, it may well come down to interpretation. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us. It's best to write or email when you ask for your deposit back - if you do, you'll have a record of when you asked for it. The most important thing is to include an abundance of evidence showing all of the damage caused compared to when the tenant moved into the property (ideally include a check in and a check out report to show before and after); plenty of photographic evidence. Chase them up after a week. Your claim checker is now complete, tap the button below to submit your details to our team. Hopefully, they can give a more intelligible answer! For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau. The cost to repair the damage was in excess of £3000.00, my letting agent filed a claim with the DPS but the tenant refused to agree on using the DPS to adjudicate the claim, I have been told by my Agent that as she refuses to agree to use this service there is nothing that can be done and I can’t obtain the deposit . The Main Claim Page - DPS will automatically fill in the shipment and claimant fields. This case demonstrates one of the massive advantages of using DPS, the single claim process which only applies to DPS. Infographics and other useful information She only gets a CCJ if she fails to comply with the order to pay. Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site. The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. But that's another issue really. Likewise, she doesn’t appear to be taking any action either, perhaps because she knows the other tenant lost. My first Thought is a barrister that does not pay their rent why not take her to small claims court for outstanding rent. According to the EU directive, members should aim to finalize the indificual claims within a 20 (working) day period. Thanks for the replies. Find out more about our services today. I have had a look at the DPS terms and conditions. All Cookies used by and on Our Site are used in accordance with current Cookie Law. Or perhaps by way of a simple court order at that point. You may access certain areas of Our Site without providing any data at all. One quick question – if your ex-Tenant was able to say “no” to arbitration then the DPS must have been able to contact her (at a guess via the alternate address provided at deposit time). Many thanks for answering my questions, in the end we did pursue the single claims process and the DPS are in the process of releasing the deposit to me. resolve your situation. DPS ask you to use your online account to request the form. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. Hypothetically speaking, if I and the tenant did die, when and where would the money go then? This must be stated on the claim form. The no deposit bonus is still probably the most popular bonus. r if your claim exceeds the amount of the deposit, do not round your claim down to the amount of the deposit. There must be a time limit on holding this money if neither party makes a claim. @Mark I see you tweeted this question to the DPS. But essentially it is very simple. If you reach an agreement, your Landlord or Letting Agent will pay back the agreed amount of your deposit and contact us to confirm the deposit has been repaid. I'm not sure a scheme would (or even could) do this. If the claim is submitted more than 9 months from the delivery date, you will only be eligible for depreciated value up to two (2) years from delivery. As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold: The right to be informed about Our collection and use of personal data; The right of access to the personal data We hold about you (see section 12); The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14); The right to be forgotten – i.e. Although there have been delays since the inception of … Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. What will the DPS do at that point? Business/company name and trading status; Contact information such as email addresses and telephone numbers; Financial information such as income and tax status; Property Portfolio details such as value and mortgage outstanding; All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We release all deposits within two business days once we have a jointly authorised claim. Copy of a bank statement or other evidence such as a cheque stub or receipt showing the payment of the deposit. Rules of Claiming for Deposit Deductions 5 What you can’t claim for To ensure that the tenant is not at an unfair financial disadvantage, you will not be able to claim for the following through the ADR process: More than the deposit amount As the scheme’s remit is limited to the amount of the deposit, in these circumstances you would need to go Here is a question to the blog clinic from James who is a landlord: My tenant vacated the property 3 days prior to her official end of contract, she did so because she had caused so much damage to the property and wanted to escape the letting agent final check. However, if the lead tenant does not agree to your repayment request or to use of the ADR Service, the deposit status will change to DISPUTED CLAIM. For more details on security see section 7, below. However, the tenant for the outstanding deposit is a barrister and I imagine I would have a long and tedious battle through the courts over this deposit, which I don’t have the time or inclination for now. In Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB), the tenancy commenced on 1 August 2012 and the deposit of £1,520 should have been protected within 30 days. So my advice would be to give it a go anyway. How long realistically can DPS keep the money? Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. By default, most internet browsers accept Cookies but this can be changed. However, the deposit was protected during the tenancy on 5 March 2013 and the prescribed information was provided on 8 July 2013. In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority. I've only made claim on a part deposit once. The T rolled and I received no problem, this was a couple of months after the T had departed and were pestering me for their deposit. Then surely, after this time limit, it must be released to whomever asks for it first, me or the tenant. The Cyprus Deposit Protection Scheme directive payout is expected faster, within 7 working days. If they have kiss goodbye to single claim process. Go to the deposit summary and click 'Request repayment of deposit.' r it is not helpful to present the adjudicator with a long list of individual claims and leave the adjudicator to try to figure out whether you regard each item as redecoration, damage, missing items or … If both parties cannot come to a mutually agreed conclusion, in order to make a claim on the deposit you should be able to provide evidence of the following: The deposit was correctly protected and the tenants were served the prescribed information within 30 days. 21:10 PM, 12th March 2015 About 6 years ago. This deposit has been claimed by both sides, and therefore there is a dispute. The purpose of this blog is to provide information, comment and discussion. This, in turn, enables Us to improve Our Site and the products. About The Deposit Protection Service (DPS) ... Other than that, where both parties agree on the deposit repayment, they should always start the Joint Deposit Repayment process. I can imagine a landlord putting forward the argument that the tenant is barred from claiming the deposit back. The adjudicator works on the basis that the deposit is the tenant’s money, and will only award money to landlords and agents if the evidence provided justifies that claim. How to retrieve your deposit through the Deposit Protection Service (DPS): During your tenancy the nominated tenant will have received an email from the DPS confirming the deposit is protected and providing a ‘deposit ID’ and a ‘re-payment ID’ (you may want to check your junk mail for this). Consider the situation where a tenant turns up 6 years and one day on from the end of the tenancy and asks, for the first time, for the deposit to be returned. The key to get a money order for deposit claims is to ensure the judge mentions the deposit in the order who it is protected with and in the case of the DPS states the unique deposit ID code. “We also run publicity campaigns to remind people to participate in the Joint Deposit Repayment process and to get in touch if they think their deposit is still with us. Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents, http://www.depositprotection.com/documents/millions-of-pounds-of-unclaimed-deposits-are-returned.pdf, http://www.depositprotection.com/documents/guide-to-deposits-disputes-damages-2013.pdf, New launch offers investors 8% rental guarantee for a fixed 5 years. prevent) the processing of your personal data; The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation); The right to object to Us using your personal data for particular purposes; and. As a closing thought, Jason, if you didn't want to go down the court route, why did you opt out of ADR? The order may also order the deposit to be repaid. Be aware, though, that a successful claim against her does not mean she'll have a CCJ. For further details, please consult the help menu in your internet browser or the documentation that came with your device. 21:08 PM, 12th March 2015 About 6 years ago. And then, it may well come down to interpretation. About The Deposit Protection Service (DPS) Menu. You can’t be any worse off than you are now. I had a dispute last year with my two tenants over the return of their deposit where they wanted a higher rent abatement than I offered them for some major bathroom works that was done while they were there. The bonus is claimed without deposit and are usually given upon sign up, sometimes you will need to claim the bonus via email or a submission form on their website. With no definitive answer, I will probably resort to pursuing her through the small claims court. She is a director of Landlord Law Services which runs Landlord Law and Easy Law Training. I posit that the normal rules of limitation would apply. We have taken great care to ensure that your privacy is not at risk by allowing them. It was then that I raised the claim with the DPS. The DPS can not force the landlord to agree to dispute the claim for the deposit so basically the landlord can keep this going round in circles as long as he wishes. We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data will only be shared and used within the bounds of the law. What happens to the money when we die or DPS is wound up? No Deposit Casino Bonuses – Totally Free Casino Money? This is different from normal wear and tear, such as faded paint or … We may sometimes contract with third parties to supply products and services to you on Our behalf. Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein).