If they have kiss goodbye to single claim process . The Agent informs her that the tenant has refused to respond to the DPS. With this warrant, the tenant will be forcibly removed or locked out of the unit by a sheriff or other law enforcement officer. Comment. So……I have requested a release of bond, withholding the original £266.98. Have the DPS said that you need to start the process again or now go through single claim. Confirming the tenant’s response to the agent/ landlord’s repayment request The tenant will see a new screen where the summary of their response to the repayment request is shown (which can still be edited by selecting the “Edit” option). My tenant & I decided to use the dispute resolution service for a damage claim. DPS needs competition. However LL did claim that I had rent arrears and said that they had not addressed this with me as I was unemployed at the time (have never been unemployed). The landlord should respond within 10 days to make you aware of how much of your deposit they intend to return. As I understand it, the DPS have said we have to start the process again - how many opportunities do the tenants get before the DPS end the case and release the money? The deposit and its return is not often letting agent business but the responsibility of the landlord. Deposit from a Tenant, they pass the money to us for safekeeping. I dont believe their responses are correct. DPS try to contact tenant,seeing as in my cases the tenant has dissappered and changed their mobiles DPS don't usually manage to contact them. Have heard from the DPS who confirmed that our repayment request (i.e. If you think about it can you honestly see a tenant going to a solicitor to get their form signed? questions regarding PSD’s response to coronavirus (COVID-19) and preventative steps we are taking to help protect the health of our employees, prisoners and those in the community. I am slightly concerned because our LA has never had to deal with this before - although he is keeping in close contact with the DPS to make sure he's doing everything correctly on our behalf. I have recieved a response from the DPS, who have been made aware of the idenity of the lady concerned. I can't see our tenants doing anything in a timely manner, let alone anything which involves them putting themselves out (they are not very bright and have clearly not worked out that it is in their best interests to do so!). It's either court or ADR unless they stop responding to the DPS, which I don't think is going to happen. izzywizzy. The NTTA reports violators to DPS who do not respond to the NTTA's collection efforts. If she comes back to them with a dispute, they will demand more information from her to go to the Adjudicator (who's decision is FINAL) and he/she will decide. Learn More About Your Rights as a Tenant from an Attorney. The Agent informs her that the tenant has refused to respond to the DPS. It is simple really ,if you claim part of deposit back from DPS , then you let them know how much and why , the claim is sent to the tenants to see if they agree. chickpea, February 15, 2012 in Landlords forum. DPS has written to the tenants 3 times now, stating that they need to have a statutory declaration witnessed by solicitors or similar...no response. Sounds like the agent hasn't got a clue , or maybe fobbing you off. Empathy is so important here, as is a shared sense of urgency. We often link to other websites, but we can't be responsible for their content. Landlords have been required to place the tenants’ deposit with one of the approved schemes since April 2007,and that’s who Ive tended to opt for. It does not sound correct that the DPS are waiting to have their singleclaim part witnessed(as then it wouldn't be in single claim would it ?). My experience of the DPS It’s then sent to an independent, impartial adjudicator, who reviews the evidence and decides how the deposit will be repaid. Such hearings can involve testimony of expert witnesses and the chance to ask both tenant and landlord questions. If you are get no response after 14 days then you can take it to single claim, that's when solicitor on your side has to witness. I can confirm the current status of this deposit is 'Awaiting Tenant Response', A response has been requested but not yet received. Tenants have lost their unique id number (we found all paperwork associated with the tenancy dumped in the bin), so the process has started all over again. Knowing our tenants, this could go on indefinitely (we know that they have a long-term habit of ignoring paperwork and requests for info). LA rang this morning, to say that he'd had an email from the DPS and it appeared they had agreed to repay £255 to us, £270 to the tenants. Step 1. This can only be done at least 14 days after the tenancy has ended. Our LA is dealing with this and has been in telephone contact with the DPs, which is how I know that the tenants aren't responding. If there is no response after 30 working days, then: If the tenant requested all of the deposit to be paid to the agent/landlord TDS Custodial will make payment within 5 working days. DPS … Display as a link instead, × These documents apply to both our Custodial and Insured schemes: Everything you need to know about our Custodial scheme in one place! … The tenants were then sent a statutory declaration form to be witnessed...they haven't returned it so the whle process starts again, and, according to our LA, the DPS have said we don't have to do anything until the tenants respond to our request to withhold part of the deposit. N Riverside, Ca 92504 (951) 784-2770 The DPS … Mydeposits has also found that most adjudications favour tenants. It does not sound correct that the DPS are waiting to have their singleclaim part witnessed (as then it wouldn't be in single claim would it ?) From what he said (LA), the DPS are waiting on the tenants to have THEIR side of the single claim process witnessed - does that sound correct? February 20, 2014 at 9:35 AM. If either party wishes to have copies of the other party’s evidence, a written request must be made to The DPS. There is still no communication regarding the return of the deposit. Difference is tenant may respond to DPS, in which case the single claim fails. I have recieved a response from the DPS, who have been made aware of the idenity of the lady concerned. The tenants, as previously, are sent a “statutory declaration form” that in addition to rejecting our claim, have to complete, sign, have sworn by a solicitor or similar, and return to the DPS. Their answer is as follows: ... Also, their account on the website would have been showing "awaiting tenant's evidence" throughout the whole process and could have been viewed at any time by both parties.   Your link has been automatically embedded. Adjudication is the decision making part of the dispute resolution process. After logging in to your DPS account and you have requested repayment in the usual way, the DPS will notify the tenant (or now ex tenant) that you have made a request to be paid the deposit. She has still not received the deposit back from the tenant. The DPS computer ignored my bank references and auto-allocated the first payment [500 sent with reference B] to the first deposit [A] and notified tenant A he has 500 protected. Likewise, she doesn’t appear to be taking any action either, perhaps because she knows the other tenant lost. mistake to go to arbritration though as DPS favour tenant , experienced that myself. Fully agree with whats been said, the DPS can only use what is in front on them if it provides checks and balances and complies. DPS needs competition. It was then that I raised the claim with the DPS. 5 May 2010 at 10:05AM. I've only made claim on a part deposit once. It's important to note that If the landlord fails to appear in court on the scheduled date of trial, the case will be dismissed. Because they have not returned the “stat dec”, it all goes back to the beginning………….again! I just said that I don't have it, true, and that it's with the DPS. We have had many questions from tenants, landlords and agents – please see our Covid-19 resource page for the latest information. Step 2. To date I have not had the courtesy of a reply. Where it does not, it will hold the deposit until the tenant(s) contact TDS Custodial. 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. As a prospective tenant, you want to know what kind of service you can expect when you lease from Full Spectrum Management 7130 Magnolia Ave. Ste. We were pessimistic abouth recovering any part of the deposit, but it sounds like we may by default,so happy days! Ask a question. So, it’s now a stalemate. I put in the request for repayment, including all £4k+ rent arrears plus some other damage and items missing deductions as reasons for repayment. Do the NTTA and DPS have direct lines to each other? The DPS guidelines state that you must receive a response to your repayment request (step 1 above) within 14 days. You may also have a pool of smaller customers who can share a multi-tenant deployment. Ah missed that bit that the tenant has already disagreed. Guinness still appreciates my attention, but only to excess.. no problem, this was a couple of months after the T had departed and were pestering me for their deposit. How to register and other general guidance. If you have an account, sign in now to post with your account. Landlord must pay the Deposit to The DPS within 30 days of physically receiving it. A Single Claim can also be started on a Disputed Claim and a deposit Awaiting Tenant Response. Following the successful protection of a Deposit, The DPS will provide confirmation of receipt and other information to the Landlord and Tenant as detailed further in Section 14. Ongoing Repayments Summary Wait for a response. I don't state damages as in my experience the DPS favour tenant on this, and normally they are in arrears more than the deposit. Post Cancel. well I am sort of lost now because my understanding was that if tenant did not respond you then take it to single claim. (Note: Schedules and information are subject to change at a moment’s notice as the overall situation and the State’s response to COVID-19 changes day by day.) People assume they can't afford an attorney. 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