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  • Deposit Protection

    Can I reclaim before tenant has entered id?

    Hello all,

    On the 1st of this month I served notice on my tenant and gave her 2 months notice after the tenancy period of 6 months expired.

    She has not made this month's payment which was due on the 2nd.

    She is not returning my attempts to contact her. I think I might have to cut my losses, serve her an eviction notice and keep the deposit.

    I only put the money into the DPS at the end of October and she hasn't bothered entering her details to get her ID etc. So my question is, is there a way I can redeem this deposit without needing her number/permission?

    I cannot find any information relating to this specific and the only information the DPS gives is "Deposit awaiting 30 day clearance" without given any indication as to whether or not I will be able to redeem the deposit at the end pf the clearance period without having had the tenant get her ID back.

    I want to know where I stand so I can handle the situation accordingly.

    Any thoughts would be appreciated.

    Thank you.

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    Simple- pick up the phone and ask them. You should probably raise a dispute as a claim for rent against the deposit. Can't remember the procedures hence call them. I have found them very helpful in the past.

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    Not sure if I am reading your post correctly but it suggests you gave the tenant notice on the 1st November after the 6 month tenancy had ended, however you also state you only lodged the deposit in October.

    Are you aware of the legal timescales to lodge the deposit and provide the tenant with the prescribed information?

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    I'm not aware of the legal timescales to lodge the deposit and provide the tenant with the prescribed information but I am aware that there is a 30 day holding period after which the DPS can issue a statutory notice to the tenant.

    As soon as I made the payment to the DPS I advised the tenant.

    Is there a time period for the tenant to take the necessary steps?

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    Can I suggest you have a look at the Tenancy Deposit Themed Week that was on PT a few months ago titled  "Lifecycle of a Deposit" Week!

    This provides a detailed explanation of the process, requirements and potential consequences of failure to comply it might give you some information to make an informed judgement of how to proceed.

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    I'll do that. thanks for the advice.

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