DPS - How long to make a claim?

[alvinlwh]

Hi all,

 

My story:

 

I had a tricky landlady who had indicated that she will pin all kinds of nonsense on me, and not repay all of my deposit. Now, I am a Building Surveyor and would gladly fight it out with her about all kinds of issue about the property that are not my fault, and therefore should not be paid for out of my deposit. BUT, I am in the middle of a relocation for a new job, and therefore had little time for these issues.

 

My lease started on 14 June 2008 for a year. However in the contract, I can give notice to quit after 6 months. I did end the lease early, on 30 April 2009, with all the proper and written notices as required.

 

My deposit is placed under DPS and here is the information of the dates:

Start date of tenancy: 14 June 2008 Tenancy period (months): 12 months Date deposit received: 14 June 2008

My question:

 

I had not made a claim for my deposit until today as I was busy with my relocation and issues with internet connection. From what I can find out from Directgov and DPS websites, the landlady have to make a claim for any amount within 10 days of the tenancy ending. Now, 83 days had passed since I handed over the keys and 38 days had passed since the end of the tenancy period.

 

1) Surely it is too late for her to make any claims now? I had waited a very reasonable time for her to rise any issues and had never heard from her.

 

2) If she did try to make a claim now, can I argue for it to be dismissed as too much time had passed?

 

The reason I am asking is when I handed over the keys to her son on 30 April 2009, he was tried to pin all kinds of faults on me, while some of the issues are clearly listed in the moving in survey with pictures! But I waited and waited and nothing else was heard of from them. I am concerned when my request for payment lands in her Inbox, she will try to keep some or all of my money. As I said, I had little time to fight this out at this time, I hope any chance of claims she may have had "time expired" and will be thrown out.

 

Thank you in advance!

[alvinlwh]

Anyone please?

[alvinlwh]

Update: The claim had gone into dispute. But the LL had not indicated an amount and I couldn't seem to get anywhere with the DPS online form. The agent told me to contact LL direct, but I couldn't seem to get hold of the LL. And because of that I couldn't seem to use the ADR service from DPS. What should I do next?

 

Additional info from DPS:

Response.Write("Please enter the total amount you have agreed to be returned from the deposit amount in the first box and any amounts agreed to be deducted by the agent / landlord in the second box. If there is a disputed amount, this will be calculated below the second box. If you wish to use the ADR service to resolve a dispute, you must ensure that the correct disputed amount is shown below the second box. If you do not show a disputed amount, we will not show the option to use the ADR service.

[alvinlwh]

By the way, there had never been a check out survey, as the LL said herself, the place need doing up due to its age, so any "damage" claimed by her are actually wear and tear. Can I refuse any and all claim from her since there is no checking out survey conducted and agreed with me?

[Steve__M]

If you have got nothing from LL in writing, then refuse all claims.

[raydetinu]

write to LL and demand return of deposit, copy to scheme stating they are out of time to lodge dispute; have you got the correct reference no. etc. is it an insurance backed sceme or actual deposit lodged scheme? You always have the option to take her to court and should mention that.

[alvinlwh]

It is this https://www.depositprotection.com/

Not sure if it is insurance or actual.

 

So there is a time limit for LL to make a claim, does anyone know how long it is in law?

Edited July 31, 2009 by alvinlwh

[alvinlwh]

DPS is completely useless. I made a claim online for my deposit in July, 1 month after the end of my tenancy contract, 3 months after I moved out (I ended early). LL refused that claim. Then I made another claim, putting the amount claimed by the LL under dispute in August. And now at the end of September, there is still showing as awaiting their response.

Called DPS up and was put on hold before getting to someone, wasting more money. Then I was told I had to pay to get someone to sign some forms and wait another 14 days for LL to respond coming up to about 28 days. Surely the LL would have been informed of the claims I made via the DPS website and had chosen to ignore it.

The DPS system is completely useless in protecting anyone since the other party can just take the p*** and ignore a request for any amount of time. And the party needing the money have to pay to call the bloody 0844 number and pay more to get some forms signed. All just because there is nothing saying how long they have to wait to respond to a claim request

[raydetinu]

the law is quite clear on this, the dps must within 10 days of receiving notice of dispute, request the lanlord deposit this money with them and the LL must pay you the remainder, if there is any, straight away. Now you can wait for the them to resolve the dispute and make a judgement through their system whic is binding or you can take LL to court for the return of the deposit; however a judge would prefer to see the outcome of dps ajudication I expect. It is DPS that pays you from the disputed amount and returns any left outstanding to the LL.

[alvinlwh]

the law is quite clear on this, the dps must within 10 days of receiving notice of dispute, request the lanlord deposit this money with them and the LL must pay you the remainder, if there is any, straight away.

 

And what if the LL ignored their notice, for over 10 days?

[raydetinu]

As I said, write to the LL and tell him if he does not respond, you will take him to court for the refund of the deposit. the longer he delays the worse it will look when it comes to court. thats what the dps scheme was designed for.

[alvinlwh]

raydetinu, that is the point I am trying to make. I issued the claim, for the full amount the first time, LL refused. Issued a second time, with the amount asked for under dispute, LL ignored for a long time. Now I have to fill in some forms, get a soliciter to sign it, send it back, wait somemore. DPS is useless and pointless as it just force me to pay more cost. It is easier to go straight to court.[/font]

[raydetinu]

Unfortunatey there is always going to defaulters, the scheme wont stop that. but it does make it an easier route than going straight to court. however that is still there as a last resort. write to LL to make sure he knows that is where it will end up.

[alvinlwh]

raydetinu, the scheme can stop it, if there is a rule that states if any claims made, if not responded in 10/14/28 days, will be treated as unchallenged and refunded. I mean, if you get a bill, you usually will be required to pay it in x days. Shouldn't it be the same when I rise a claim through DPS? Now LL can take the p*** and just ignore my claim, forcing me to wait somemore.

[Steve__M]

Just in reply to another comment, the DPS already hold the money and will have done from the point it was protected as they are not one of the insurance schemes.

 

Yes, there is a lot of timewasting. Two of my four tenants changed, so I had to protect a new deposit. I wasn't able to transfer half of the old deposit to the new deposit, so I agreed with my remaining two tenants to release half the deposit to the ex-tenants and half to me to cover the new deposit.

 

Then the lead tenant went on her summer holidays and I, and the two ex-tenants, had to wait two months for our money

 

I guess DPS have to be very careful as they themselves will be sued if they do things wrong. What forms did you have to pay to get signed? And who did you have to pay?

[raydetinu]

I dont see why you had to pay anything? fill out forms - yes. but why should you have to pay to get your deposit back! I would threaten to take the LL and the DPS sceme to court if they dont get a move on.

[alvinlwh]

Steve M and raydetinu, I have to pay because LL ignored my second claim, forcing me to call DPS on their 0844 number. There is no option at all to bring it forward on the website at all. The forms I am refering to is the Statutory Declaration, which had to be signed by a solicator, etc, which will cost me more money.

 

https://www.depositprotection.com/Public/FAQs.aspx?section=SingleClaim#Q7

[raydetinu]

It seems from the signed declaration being signed ( £5 ) and accepted. if the LL has not responded in 14 days the adjudicator then must pay you the deposit back. the key is to get that form in asap.

[Steve__M]

The tinternet tells me a statutory declaration can be signed by someone at your local magistrates' court for less than a tenner whereas solicitors often charge more.

[alvinlwh]

Anyone know why it cost me £28.75 to get the forms signed in Scotland? Does the The Commissioners for Oaths (Authorised Persons) (Fees) Order 1993 not apply in Scotland?

[Kentish Lass]

Puzzled here - why in Scotland??

[alvinlwh]

Because I had moved to Scotland since moving out.