Landlords that are considering or do use the Deposit Protection Service (DPS) to protect their tenants deposits should be aware of important changes to the scheme.
Apparently over 8,000 deposit repayments valuing almost £5 million are waiting for the response of the lead tenant before the deposit can be repaid.
In order to make a deposit repayment DPS need agreement from both the landlord / letting agent and the lead tenant, along with details of the correct payment method.
Following a review of the way the current scheme operates the DPS has concluded that to avoid deposits being held in limbo through tenants not responding to the scheme. They concluded that if the Deposit Protection Scheme held a mobile number of valid email address for the lead tenant the number of deposits held in limbo would be dramatically reduced. This obviously would provide a better service for both landlords and tenants.
The Changes to the Deposit Protection Scheme.
From the 26 th November the DPS will require that in order for a landlord to submit a deposit to us online the landlord will have to provide either a UK mobile phone number or a valid email address for the lead tenant.
If this is not possible then it will be still possible for the landlord to apply for a paper deposit submission form.
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5 comments:
THIS CHANGE IS NOT GOING TO MAKE A LOT OF DIFFERENCE I BELIEVE AS 3 OF MY PREVIOUS TENATNS WHO ALL LEFT WITHOUT NOTICE, 2 IN RENT ARREARS CHANGED THEIR TELEPHONE NUMBERS AND EMAIL A/CS BECAME INACTIVE. THE PROBLEM WITH THE DEPOSITS UNCLAIMED IS BECAUSE TENANTS LIKE THESE ARE UP TO THEIR EYES IN DEBT AND MOVE ON AS SOON AS THEY CAN AND THEN DISPUTE THE REPAYMENT OF THE DEPOSIT TO THE LANDLORD AND ITS UP TO THE LANDLORD ALONE TO PROVE THAT THEY ARE DUE THE REPAYMENT WHICH IS A LOT OF HASSLE. THE DEPOSIT PROTECTION SCHEME REALLY DOESNT DO A LOT TO HELP AND THEY ARE AGAIN PUTTING THE RESPONSIBILITY ONTO THE LANDLORD SOLELY AGAIN, THIS IS UNFAIR. THEY ARE PAID TO DO A JOB AND NOT DOING IT PROPERLY AND IF THE TENENATS DO NOT RESPOND THEN THE LANDLORDS SHOULD BE ABLE TO CLAIM IT IN FULL, AFTERALL WE HAVE TO PAY FOR SATUTORY DECS FROM SOLICITORS AND SPEND TIME AND MONEY COLLATING EVIDENCE.
Govt needs to wake up. We as Landlords know that tenants who default, who don't pay rent etc. are constantly changing their phone number. We can't get hold of 'em when they live in the house, never mind when they leave.
Same as Govt wants to wake up with LHA. Why can us Landlords see it, us that are on the ground actually viewing it happen, & the Govt down London can't see what's happening?
How on earth do the government or anyone else believe that having a contact number or even a forwarding address will make a tenant give their consent for release of the deposit? The only way to make them do this in a timely way is to have a real threat of a criminal conviction if they don't comply. If we landlords can go through the hell of a court case with the threat of having to pay the tenant 3 months rent just for not sending a copy letter to them regarding where the deposit is lodged, then surely there should be equal penalties for a tenant?
The TDS is a govt sponsored scam to help tenants trash properties and walk away with their deposit - the TDS acts as judge and jury wholly biased towards tenants (not giving the right to challenge or appeal against their decisions despite overwhelming evidence and logic but rather will use bureacratic technicalities to support the tenants. The panel's decisions should be independently scrutinised for their competence and bias. Currently, all the burden is on the landlords -perhaps the panel thinks they are all loaded with cash!
I avoid the hassle by using an approved insurance based scheme where I keep the deposit and pay an insurance premium to protect the deposit.
When the tenancy ends, if the tenant doesn't agree with me about any retention I make for damage, he/she lodges a dispute with the insurance company who have a dispute resolution arm.
However, none of my tenants have ended their tenancies: they always renew their tenancies every 12 months using the same deposit.
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