Dealing with a tenancy deposit at the end of a lease is usually straightforward—both the landlord and tenant agree on deductions (if any), and the deposit protection scheme releases the funds accordingly. But what happens when one party simply doesn’t respond?
If a tenant disappears without a trace or a landlord goes silent, the deposit can’t just sit in limbo forever. This is where a statutory declaration comes in—a legal document that allows the responsive party to make a claim when the other refuses to engage. If you’re a landlord using the Tenancy Deposit Scheme (TDS), knowing how and when to use a statutory declaration can save you time, stress, and uncertainty.
What is a Statutory Declaration?
A statutory declaration is a legally binding statement confirming that something is true to the best of the declarant’s knowledge. It is typically used when no other evidence is available. In the context of tenancy deposits, it allows a landlord or tenant to claim a deposit when the other party is unresponsive.
To be valid, a statutory declaration must be signed in the presence of an authorised individual, such as:
- A Commissioner for Oaths
- A Solicitor
- A Justice of the Peace (e.g. Magistrate)
- A Notary Public
Submitting a false statutory declaration is a criminal offence, so it’s crucial that all information is accurate and truthful.
When is a Statutory Declaration Needed for Tenancy Deposits?
Under the Housing Act 2004, tenancy deposits must be protected by an approved scheme like TDS, ensuring that funds are held securely and disputes are handled fairly. Normally, deposits are returned when both parties agree on deductions or full repayment.
However, things don’t always go smoothly. If a tenant refuses to respond to deposit-related communications, or if a landlord is uncontactable, the TDS cannot release the deposit. To prevent an unresponsive party from indefinitely delaying the process, the Housing Act allows the other party to submit a statutory declaration as legal confirmation of their claim.
For example, let’s say a tenant has left the property without providing a forwarding address and won’t answer calls or emails. The landlord believes they are owed deductions for unpaid rent and damages but can’t get the tenant to agree. Without a response, TDS cannot release the deposit, meaning the money remains in limbo. By submitting a statutory declaration, the landlord can provide formal notice of their claim and request the deposit be released accordingly.
The process also works the other way around—if a landlord refuses to respond to a tenant’s request for their deposit, the tenant can use a statutory declaration to recover their money.
How to Complete a Statutory Declaration for TDS
If you find yourself in a situation where a statutory declaration is needed, it’s important to follow the correct process to avoid delays.
The first step is to download the official TDS statutory declaration form, which is available on the TDS website. This form must be filled in carefully, ensuring that all details match exactly with the information on the deposit protection certificate. Any discrepancies—such as a misspelled name or incorrect deposit amount—could cause delays.
Once completed, the form must be signed in the presence of an authorised witness, such as a solicitor or notary public. This ensures that the declaration is legally recognised. The witness will also stamp the document to confirm its authenticity.
After this, the completed form should be submitted to TDS either through their online portal or via post. TDS will then review the application and, assuming all details are correct, process the deposit release.
How Long Does the Process Take?
A common concern for landlords is how long it will take for TDS to release a deposit once a statutory declaration is submitted. While timelines can vary, TDS generally requires at least 14 days to process the claim. This allows them to notify the unresponsive party, giving them a final chance to dispute the claim before the deposit is released.
If the other party does not respond within this time, the deposit is typically paid out to the person who submitted the statutory declaration.
Are There Any Costs Involved?
One thing to be aware of is that getting a statutory declaration witnessed is not free. Solicitors and notary publics usually charge a small fee for their services, typically around £5 to £10 for the declaration plus £2 per additional exhibit (such as supporting documents).
This is a minor expense compared to the potential loss of a deposit, but it’s still something landlords should factor in.
Common Mistakes to Avoid
While statutory declarations are a useful legal tool, they must be completed correctly to be accepted. Some common mistakes include:
- Providing incorrect details – Ensure that all names, addresses, and deposit amounts exactly match the information on the deposit protection certificate.
- Forgetting to get the declaration witnessed – A statutory declaration is not valid unless it is signed in front of an authorised person.
- Failing to submit supporting documents – If you are claiming deductions, you may need to include evidence such as a tenancy agreement, check-out report, or photographs of property damage.
Avoiding these mistakes will help ensure that the claim is processed as quickly as possible.
Our Final Thoughts
No landlord wants to deal with deposit disputes, but sometimes tenants disappear or refuse to engage. If you find yourself stuck with an unresponsive tenant and need to reclaim a deposit, a statutory declaration can be the key to unlocking those funds.
At Fleming Lettings, we ensure that all deposits are correctly protected under the Tenancy Deposit Scheme (TDS), and we’re always here to offer guidance on resolving disputes efficiently. If you’re facing an issue with an unresponsive tenant and need help with the statutory declaration process, get in touch with our team today.
