The question relates to the release of a deposit from the Deposit Protection Service (DPS)…

There is no time limit to wait contained in the Housing Act 2004 once a repayment request has been made so it will be a case of common sense. Clearly you need to give sufficient time for the tenant to respond because if they respond then it will follow the usual procedure (agreement or dispute).

If the tenant fails to respond within a reasonable time (we suggest around 14 days), then they will become absent or un-cooperative.

Absent or un-cooperative tenant

If the tenant is un-cooperative and fails to respond, then the procedures as laid out in Schedule 10, Housing Act 2004 take effect which allows for a single claim to be made.

Are there any pre-requisites for a single claim to be made?

A single claim process may be made if:

•at least 14 days have elapsed since the day on which the tenancy ended;
•the landlord and tenant have not reached an agreement with respect to the amount of deposit claimed; and
•the landlord believes that he is entitled to be paid the amount claimed and that the amount claimed is one of the following:

•unpaid rent or any other sum due under the terms of the tenancy; or
•damage to the premises subject to the tenancy, or
•loss of or damage to property on those premises
and none of the above may include damage caused by fair wear and tear.

If you need more information on the single claims process, contact a lettings specialist such as Jungle Property, details here