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LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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I have evicted my sitting tenant of 2.5 years several months

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hi, i have evicted my sitting tenant of 2.5 years several months ago with the court letter and bailiff. and the previous real estate has put her deposit in dps. she has damaged my flat and i've asked the tenancy deposit to be returned to me, but she refuses. The contract was originally just one year, but she overstayed 2.5 years. DPS said unless the court granted me permission to get the deposit back, they will not release the deposit. Please help.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
Which Deposit Guarantee Scheme are you using?
Customer: replied 2 years ago.

DPS custodial.

I think you can follow the single claim process at DPS. You do not need the former tenants consent. You should notify DPS that your former tenant is not responding. They will send you a statutory declaration which you will need to fill in and then take to a solicitor to declare
(typical fee £7.00). They will contact the tenant and if there is no response you will get the deposit back. If they dispute things then the ADR system will be triggered.
This is the link to follow for more information.
Customer: replied 2 years ago.

i've already done that part. what happen is the tenant is not responding to my e-mail but she is responding to the DPS. that is, whenever i click on the claim or let ADR handle the dispute, she click reject. I've called DPS, and they advise me to go get a solicitor and have the court issue a permission for me to get back my deposit? And once I get that court letter, they can issue the single claim to deposit back to my account.

I am not sure about if that is the statutory declaration? Pls advise. Thanks.

I think that must be the statutory declaration route. You should ask DPS for a copy of the Stat Dec they should send it to you. Then you can take it to any local solicitor for them to witness your declaration then send it back to DPS.
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 2 years ago.

ok thank you very much for your help.

Customer: replied 2 years ago.

I did ask for the Stat Declaration. And DPS has replied the following. I am all confused. Please help. Thanks.

Dear Miss Kok

Thank you for your recent enquiry.

We have checked our records and can confirm the current status of the deposit is 'Disputed Claim'.

When the current status of this deposit is a 'Disputed Claim', where the landlord and tenant cannot agree on the repayment, you have another opportunity to request repayment online and select to use our free Alternative Dispute resolution (ADR) service. The current status of 'Disputed Claim' means that you haven't come to an agreement about the distribution of the deposit OR agreed to use our ADR service.

To do this, please log into your account. To log in, select 'Log in now' from the right hand side of the screen and enter your registered email address and password. You will then be able to initiate a 2nd repayment request by selecting 'Ongoing Repayments' from the Repayments Menu selecting the 'Disputed Deposits (retry allowed)' list. You will then need to select the deposit you wish to process.

You will now be able to provide details as to why you are proposing a deduction of the tenant's deposit. The tenant will then have an opportunity to agree or disagree. If the tenant disagrees, you will have two further requests to reach an agreement, otherwise the account will be suspended. To unsuspend the account, The DPS will require confirmation to release the deposit from both parties or a Court Order with a Clause instructing The DPS to release the deposit to one or both of the parties.

The ADR Service, is an evidence-based adjudication process, which will request both you and your tenant to supply documentary evidence of their claim against the deposit/disputed sum. If either of you do not want to use the ADR Service, you can go to Court and seek settlement.

If you are unable to agree a repayment or make contact with your lead tenant, you may be able to use the Single Claim process. The Single Claim process can be used if:

1. The landlord has no current address for the tenant and there has been a breach of the Tenancy Agreement.

2. The tenant fails to respond to the landlord's repayment request, requiring that the landlord be paid some or all of the deposit within 14 calendar days from the end of the tenancy. Please note that as the tenant rejected your last proposal, if you select section 4 11, you will need to make a new repayment request online or provide documentary evidence that you have requested the repayment of the deposit from the lead tenant.

To use the Single Claim process, you must provide us with a Statutory Declaration at least 14 calendar days after the tenancy has ended. However, you can only request repayment of a deposit through the Single Claims process if there has been a breach of the Tenancy Agreement. We will not accept a Single Claim for instances where you have repaid the deposit from your own funds. In these instances, you will need to contact the tenant to complete the Joint Repayment Process.

The Statutory Declaration can be requested online via our website by selecting Start a Single Claim from the Repayment menu. The Statutory Declaration must be sworn or affirmed in the presence of a Solicitor/Commissioner for Oaths or a Magistrate. Forms which have not been witnessed will be rejected and returned to you.

Once we have received a correctly completed Statutory Declaration, we will issue a Statutory Declaration Notice, along with a summary of the comments to the tenant at the last known address we hold for them. We will ask them to respond within 14 calendar days.

If we do not receive a reply from the tenant within the 14 calendar days, or if the tenant responds and agrees the money should be paid to you, your Statutory Declaration will be processed and the monies issued within 10 calendar days.

If you would like The PDS to send a Statutory Declaration form, please provide details of why you wish to initiate the Single Claim process.

If you have any further enquiries, please refer to the "Help" section of our website at

Yours sincerely

Paul Wise

The Deposit Protection Service (The DPS)

T +44 (0)330(###) ###-####/p>

The Pavilions, Bridgwater Road, Bristol BS99 6AA, United Kingdom

Email reference: 15153BR01544039

I am not sure I quote follow you, this letter seems clear enough and gives you ways to proceed