Frequently Asked Questions

What is the Single Claims process?

  • Who can witness my Statutory Declaration?
    A Solicitor, Commissioner for Oaths or Magistrate.

    The Statutory Declaration must be sworn or affirmed in the presence of a Solicitor, Commissioner for Oaths or Magistrate. It must be filled out completely, including any details of the last known address or contact details of the other party, if known. In the case of the agent/landlord being the claiming party, it must also include the basis on which the amount of the deposit claimed is calculated, with particulars of any facts relied on to justify claiming that amount.

  • How much will it cost to have my Statutory Declaration witnessed?
    Section 2 of ‘The Commissioners for Oaths (Authorised Persons) (Fees) Order 1993’ states that the following fees will be charged: £5.00 for taking an affidavit, declaration or affirmation, for each person making the same and, in addition, £2.00 for each exhibit or schedule referred to.
  • I have an enquiry relating to my deposit which is currently 'In Single Claim'
    If you have a question about a particular Single Claim case, please contact us using our Online Form.
  • How do I make a Single Claim?
    To use the Single Claim Process, either the agent/landlord or lead tenant claiming part or all of the deposit must provide us with a Statutory Declaration at least 14 calendar days after the tenancy has ended. Lead tenants can obtain a Statutory Declaration by logging into their deposit and selecting ’Start Single Claim Process‘ from the Repayments tab.

    Should you be unable to complete this online, you can request a Statutory Declaration using our Online Form.

  • Will you accept my Statutory Declaration if the agent/landlord has previously rejected my claim?
    If your claim has previously been rejected and we receive a Statutory Declaration within 14 days of this rejection, we will not be able to process your request. When a claim has been rejected, either party can start the online Joint Deposit Repayment process again. At this stage, agreement can be made to use the Alternative Dispute Resolution (ADR) service in the event of a dispute. If, after 14 days, your agent/landlord has not responded to your further claim, the Single Claim process can be started.
  • Will you accept my Statutory Declaration if the Tenancy End Date has not been completed?
    No, you must complete the Tenancy End Date where indicated.
  • Can I tick both boxes in Section 4 on the Statutory Declaration?
    No, either box (i) or box (ii) must be ticked. If you tick box (ii), you must attach a copy of the written notice you have served on the agent/landlord asking whether they accept that you should be paid the whole or a specified part of the deposit; this notice can be in the form of a postal letter or an email.
  • Can I use my own clauses if those within the Statutory Declaration are not relevant for my circumstances?
    No, you must use the clauses contained within the Statutory Declaration. These have been defined in the Statutory Instrument 2007 The Housing (Tenancy Deposit Schemes) Order no 796, paragraph 3, “Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant”.
  • How should I send my Statutory Declaration to you?
    It is advisable to send the Statutory Declaration by recorded post.
  • When making a Single Claim, what happens to any amount of the deposit that is not claimed?
    If no response is received to the Statutory Declaration Notice, the amount claimed on the Statutory Declaration will be released and the unclaimed amount will be retained until claimed by the other party.

    If the Statutory Declaration Notice is received, the amount claimed on the Statutory Declaration will be dealt with accordingly and the unclaimed amount will be released to the other party.

  • Why does my Statutory Declaration have to be witnessed?
    It is necessary for the Statutory Declaration to be witnessed in order for it to be legally binding.
  • Who can make a Single Claim?
    Any agent/landlord or tenant whose deposit is registered with The DPS.

    An agent/landlord can use the Single Claim process if:

    1. The agent/landlord has no current address for the tenant; or the tenant fails to respond to the agent/landlord’s written notice requiring that the agent/landlord be paid some or all of the deposit within 14 calendar days of the end of the tenancy
    2. The agent/landlord believe they are entitled to claim some or all of the deposit under the terms of the tenancy.
    A tenant can use the Single Claims process if:
    1. The tenant has no current address for the agent/landlord; or the agent/landlord fails to respond to the tenant’s written notice asking whether the agent/landlord accepts that the tenant should be repaid some or all of the deposit within 14 calendar days of the end of the tenancy.
    If you still have questions on this matter please contact us using our Online Form.

  • How do I ensure my Single Claim is not rejected?
    The DPS will reject a Statutory Declaration if it has not been sworn or affirmed in the presence of a Solicitor, Commissioner for Oaths or Magistrate and does not bear either the official stamp of the person swearing or affirming the Statutory Declaration or their contact details. We can only accept original documents and will reject photocopied forms.

    Equally a Statutory Declaration will be rejected if an agent/landlord has not set out the basis for the amount being claimed and how it has been calculated.

    If you still have questions on this matter please contact us using our Online Form.

  • What if my Single Claim is disputed by the other party?
    If The DPS receives a Statutory Declaration Notice disputing part or the entire amount claimed by the Single Claim during 14 days of statutory notice, The DPS will write to both parties notifying them of the dispute, and request that all additional evidence be submitted before the case is referred to the Adjudicator.

    The dispute will be referred to The DPS’ Alternative Dispute Resolution (ADR) service unless either party indicates that they do not wish to use the ADR service, or notifies The DPS in writing of their intention to resolve the dispute using the county courts or another dispute resolution service.

    For further information on evidence submissions and the adjudication process, please refer to our FAQs under ‘What is the Alternative Dispute Resolution Service (ADR)?’ When issuing a Statutory Declaration Notice, if we have a valid email address or mobile phone number, we will send an email or a SMS message to the party concerned, informing them that a Notice has been issued and that they have 14 days to return it.

    If you still have questions on this matter please email us using our Online Form.

  • How much will it cost to have my Statutory Declaration witnessed?
    Section 2 of The Commissioners for Oaths (Authorised Persons) (Fees) Order 1993 states that the following fees 'shall' be charged: £5.00 for taking an affidavit, declaration or affirmation, for each person making the same and, in addition, £2.00 for each exhibit or schedule referred to.
  • Will you accept my Statutory Declaration if I have not attached a copy of a notice issued to the Agent/Landlord asking whether they accept that I should be paid the whole or part of the Deposit?
    If you have ticked Section 4(ii) of the Statutory Declaration and you have started the Joint Deposit Repayment process, the notice issued by us can be accepted as the notice issued to the agent/landlord.

    If, however, you have not started the Joint Deposit Repayment process, you must attach a copy of the notice that you have served on the agent/landlord asking whether they accept that you should be paid the whole or a specified part of the deposit. This is in accordance with Statutory Instrument 2007 The Housing (Tenancy Deposit Schemes) Order no 796, paragraph 3, “Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant”. The notice you have served on the agent/landlord can be in the form of a postal letter or an email.

  • Can I use my own clauses if the clauses within the Statutory Declaration are not relevant for my circumstances?
    No, the clauses contained within the Statutory Declaration are defined in the Statutory Instrument 2007 The Housing (Tenancy Deposit Schemes) Order no 796, paragraph 3, 'Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant'.
  • When making a Single Claim, what happens to any amount of the deposit that is not claimed?
    If no response is received to the Statutory Declaration Notice, the amount claimed on the Statutory Declaration will be released and the unclaimed amount will be retained until claimed by the other party. If the Statutory Declaration Notice is received, the amount claimed on the Statutory Declaration will be dealt with accordingly and the unclaimed amount will be released to the other party.
  • How do I get my form witnessed if I live outside of the UK?
    A Solicitor, Commissioner for Oaths, Magistrate, Notary Public or the equivalent within your jurisdiction can witness your Statutory Declaration if you reside overseas. We require the official stamp of the witness or a signed covering letter confirming the identity of the witness when no stamp is available.

Contact Us

The Deposit Protection Service
The Pavilions
Bridgwater Road
Bristol
BS99 6AA

Or call our dedicated help line on 0330 303 0030.

Our customer service centre operates Monday to Friday from 08:00 – 18:30.

Copyright © 2011 Deposit Protection Service, a trading name of Computershare Investor Services Plc. All rights reserved. Registered address: The DPS, The Pavilions, Bridgwater Road, Bristol, BS99 6AA.