The Statutory Declaration process

My landlord or letting agent hasn’t engaged with the process, can I still get my deposit back?

If your landlord or letting agent can't be contacted, or has failed to respond to the return request 14 calendar days after the tenancy has ended, then you can use the Single Claim Process to get your deposit back.

 

The Statutory Declaration form

To do this, you’ll need to complete a Statutory Declaration form stating the amount you're claiming, and the reasons why. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. You can fill out and print a Statutory Declaration form online, or you can give us a call and we'll post one to you.

Once we've received your correctly completed form, we’ll notify your landlord or letting agent, letting them know that if we have no response within 14 calendar days, then we’ll pay you the amount you’ve requested.

If your landlord or letting agent responds, and disagrees with your request, they must complete the notice and send it back to us within 14 calendar days.

We’ll let you know the reasons why they disagree with you, and you'll then have 7 calendar days to accept or disagree with your landlord or letting agent's claims and submit any evidence.

All of this evidence, along with the reasoning on your declarations will be sent to our Dispute Resolution Service and an independent adjudicator will make a decision as to the amounts you should both receive. 

Learn more about what constitutes good evidence.

 

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