DPS ADR process any experiences?

by Readers Question

14:48 PM, 2nd March 2015
About 4 years ago

DPS ADR process any experiences?

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DPS ADR process any experiences?

Hi again to all who took the trouble to reply to my previous post (why are my tenants trying to destroy me? see >> http://www.property118.com/tenants-trying-destroy/71453/ ). Just an update, as I said they did move out on 9th Jan without leaving a forwarding address or my keys which were never returned through their solicitor…surprise,surprise!!

Anyway they have now opened a dispute with the DPS to which I have 10 days to reply, forwarding a cheque for the £1000 deposit whilst the independent adjudicator makes their decision as to whether they should get their deposit back. They owe £1200 in rent arrears, over £400 for electricity and they left mountains of mess and rubbish behind so as far as I’m concerned they can whistle for it. There’s also no end of letters from debt collectors arriving for them.

I’ve gone away on a course without replying so by the time I get back the 10 days will be up so what happens then? The letter wasn’t sent by recorded delivery so how can they prove i received it? I really don’t need all of this again, I’m still not well but am trying to get on with life and this course is part of a new job which I love and I’m not going to let them overshadow it but have no idea of what this ADR process is.

Can any of you lovely people help again please?

Thanks again Carladeposit



Comments

Alison Walker

16:58 PM, 3rd March 2015
About 4 years ago

Sorry, I've not experienced this situation myself so I can't really help but a quick google of DPS ADR came up with the following:-

The tenant will raise a dispute and agree to use our ADR service. We will then write to the landlord giving them 10 days to confirm whether they agree to settle the dispute through ADR.

If we do not receive a response from the landlord then it will be deemed that they have accepted that the dispute will be settled through ADR.

If either party does not wish to use our ADR service they should advise us within 10 days to confirm.

Good luck & I hope you're health improves soon.

Pauline Anderson

17:10 PM, 3rd March 2015
About 4 years ago

I too am having a similar experience. £1300 rent arrears; garden full of kids plastic toys and buggies (2 skips full). I would advise you to respond to DPS , or as Alison stated, you will lose and the deposit will be returned to the tenants.

I raised the dispute: included paymetn schedule of rent payments and amount of arrears; tenancy agreement; included the relevant TA clauses re-rent arrears and the purpose of the deposit (which included it being used to offset rent arrears; and copies of my communications to tenants regarding rent arrears. It is a natural conclusion that the letter, asking for your response, will have been delivered to you.

I do hope you feel better soon, but I doubt that you will if you don't respond to the TDS. Don't let the tenants win.

Carla Lewis

17:32 PM, 3rd March 2015
About 4 years ago

Reply to the comment left by "Pauline Anderson" at "03/03/2015 - 17:10":

Thank you for your reply. I am still away but had an email from the DPS today so have replied. You didn't say whether you won your dispute but I hope you did. What actual power do the DPS have in making you repay if the tenants win because as far as I can see this isn't stipulated anywhere on their website. I'd rather leave the country than pay the scumbags the deposit back!!

Pauline Anderson

17:54 PM, 3rd March 2015
About 4 years ago

Reply to the comment left by "Carla Lewis" at "03/03/2015 - 17:32":

Have not had an adjudication yet, but tenants have not responded. My deposit was registered with TDS and they have been very helpful. Adjudication takes up to 28 days and it's only been 21, so will wait patiently (not my usual approach). Good luck with yours Alison.

Michael Barnes

21:11 PM, 3rd March 2015
About 4 years ago

Have you had a look at https://www.depositprotection.com/help/browse/insured/tenant/alternative-dispute-resolution?

This suggests that you have 10 days to say 'no' to arbitration; if you don't say 'no' then you are deemed to have said 'yes'.

If you say 'no', then you are expected to start legal proceedings.

If you don't say 'no', then you will be asked for your evidence.

If you intend going to court to get money from the tenants beyond the deposit, then it is probably best to say 'no' (imho).

Paul Tarry

21:39 PM, 3rd March 2015
About 4 years ago

I was told when doing a basic law course (as part of a wider course) that silence i e no response can NOT be used as an affirmative, so I don't see how the DFS can take a lack of reply as a yes to you agreeing to them being the arbitrators?

Romain Garcin

22:12 PM, 3rd March 2015
About 4 years ago

Reply to the comment left by "Paul Tarry" at "03/03/2015 - 21:39":

That's also my understanding.
I suppose this procedure is part of their T&Cs that a landlord agrees to when protecting a deposit with them.

Carla Lewis

16:56 PM, 4th March 2015
About 4 years ago

Reply to the comment left by "Michael Barnes" at "03/03/2015 - 21:11":

I don't want to start legal proceedings against them even though I am out of pocket. Also as I don't have their forwarding address I couldn't. I just find it ridiculous that by not replying it would be deemed that I am saying yes. I will not be sending a cheque as I have no intention of giving these people a penny of what I no longer have due to their arrears and the cost of clearing up after them. I haven't yet found how DPS make the return of the deposit enforceable.

Pauline Anderson

0:07 AM, 5th March 2015
About 4 years ago

If you don't respond and send them what is needed, and if it doesn't support why you should retain the deposit, they will decide to return the deposit to the tenant. I still haven't heard back, but I took my time making sure that my supporting evidence was as it should be.

Like you I don't want to start legal proceedings against mine, they've cost me too much already. It would be like chucking good money after bad. The DPS must have your tenants' forwarding address though, but not sure if they would give it to you.

When you agree to adjudication you also agree to accept the decision of the adjudicator. 'Can the adjudication be appealed?
No. The Adjudicator’s decision is binding and cannot be appealed via the ADR procedure'. So, there is no right to appeal either, which is good if you win, but not if they do. I sincerely hope that you do win.

Elizabeth Arnold

9:01 AM, 5th March 2015
About 4 years ago

Hi Carla

I use DPS but I deposit the money with them. I had a similar, though not so bad situation. I agreed to ADR, sent them proof that the rent was owing and photos of the damage and they repaid the deposit to me. On another occasion, where the tenant was disputing some of the deposit, I had no forwarding address so could not sue. They tried to contact the tenant, she didn't respond and again I was repaid the deposit. If you have good proof I don't think you will have a problem.

Libby

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