Note - the Landlord Law Blog has now moved to www.landlordlawblog.co.uk.
Since the tenancy deposit protection regulations came into force in April 2007 I have done quite a few blog entries on this subject, and there have been many comments from landlords and tenants. Some of these have been highly critical of the company running the custodial scheme, The Deposit Protection Service (DPS). In view of this, I thought it was only fair that I should contact them to give them an opportunity to respond to the criticisms which have been made about their service.
The DPS do not think it appropriate that they respond directly in this blog. However from what they have said to me, it appears that most of the problems complained of can be answered as follows:
- It is essential that the information inputted when registering the deposit is correct. For example, if incorrect bank details are given then the claim cannot be progressed. If this happens the DPS will write to the landlord telling them that the information inputted is invalid and inviting them to deal with this so that their claim can be progressed.
- When making a claim to have the deposit repaid, it is essential that the correct repayment ID is given otherwise the claim will be rejected.
- The DPS also need to hear from both the landlord and the tenant before the deposit money can be repaid. It is up to the party seeking repayment to chase the other party. The DPS will not do this for you.
- If the other party refuses to co-operate, then the single claim process can be followed. This may end in Adjudication if the other party does respond, otherwise the claim will be settled without the other party. Alternatively, if both parties are contactable and cooperating then the adjudication process can be used. In both these instances the party wanting to claim the money will have to apply to the DPS for the necessary forms.
- The DPS do not deliberately delay payments to accrue more interest, they cannot do this even if they wanted to - they can only claim their agreed fees. They also point out that the Government have no access to these funds and do not make any financial gains from this scheme
For more information about the DPS service, you can visit their web-site at www.depositprotection.com, and there is a telephone helpline 0870 7071 707.