DPS ADR process any experiences?

DPS ADR process any experiences?

14:48 PM, 2nd March 2015, About 7 years ago 15

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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

by NewYorkie

17:05 PM, 5th March 2015, About 7 years ago

Always preferable to accept ADR, whatever the legal issue. If you have a solid case, then you will find ADR is a more common sense process than court, and less stressful. Call your ex-tenant's bluff and agree to ADR.

by Carla Lewis

23:28 PM, 5th March 2015, About 7 years ago

Reply to the comment left by "Lou Valdini" at "05/03/2015 - 17:05":

Thank you Lou. It is calling their bluff as they seem to have this misguided view that because the husband was once in the army, everyone on civvie street owes them something. If I don't stand up to them then I'm sure their present landlord will fall victim to their antics so they need to be stopped!

by Michael Barnes

10:36 AM, 6th March 2015, About 7 years ago

Reply to the comment left by "Carla Lewis" at "04/03/2015 - 16:56":

Sounds like you are using the insured scheme.

By using the scheme, you have agreed to their Ts&Cs.

If you do not play by their rules, then they may not let you play any more (se extract from DPS Insured Ts&Cs below).

Therefore make the payment to DPS as requested if you want to go ADR. This is not saying "the tenant can have the money", it is saying "I am a decent landlord and I am playing by the rules". The DPS will hold the money and then return it to you or the tenant based on teh evidence submitted.
If your evidence is solid, then you will get the money back. Given that the rent arrears is more than the deposit, you should get it all back. But don't forget evidence for other monies too.

The ADR process is detailed in sections 17 onward of the Ts&Cs; section 18 is particularly relevant here:
18. Notifying the Landlord of a Disputed Amount
a. Upon notification by the Tenant to The DPS in accordance with section 17 that there is a Dispute, The DPS will send the Landlord a Notification of Dispute form requesting that the Disputed Amount is received by The DPS within 10 calendar days of issuance of the request. This notification will also request confirmation that the Landlord agrees to use the ADR service in order to resolve the Dispute. The notification will also inform the Landlord that if no response is received from them within this period, the Landlord will be deemed to have given their consent for the Dispute to be resolved through the ADR service.
b. If the Disputed Amount is not received within 10 calendar days of issuance of the request, a reminder will be sent to the Landlord giving them a further 7 calendar days to submit the Disputed Amount. This reminder will contain confi rmation
that if the Disputed amount is not received, a Suspension (Scheme Level) may be applied to the Landlord’s account.
c. If the Disputed Amount is not received after the further 7 calendar days, a Suspension (Scheme Level) will be applied to the Landlord’s Account. This will result in the Landlord not being able to protect any further Deposits with the Insured
Scheme until the Disputed Amount is received. All active Deposits will continue to be protected under the Insured Scheme. A suspension notice will be issued to the Landlord, advising the Landlord that The DPS has determined that their failure to pay to The DPS the Disputed amount, constitutes a reason to suspend their account. Any Suspension (Scheme Level) will take effect immediately. The review and/or removal of any suspension applied to a Landlord’s account will be made at the sole discretion of The DPS.
d. Once the Disputed Amount has been received from the Landlord:
(i) The Disputed Amount will be retained by The DPS until
 a Decision has been issued;
 a court order is received, directing The DPS to release the funds to the appropriate party;
 a written instruction is received which is signed by both parties agreeing on the distribution of the Disputed Amount.

by Rob Crawford

9:57 AM, 7th March 2015, About 7 years ago

Carla, you really must respond with your side of the story to the DPS within the 10 days. It sounds like you have a good case so this needs to be clearly detailed. You need to get copies of any letters and AST to the DPS for them to see that you have made efforts to resolve any issues you may have had and to provide evidence of your claim. I am afraid that "being away" is not an excuse. Who manages your property in your absence? Get them to collect the evidence and scan it so that you can e-mail to the DPS with your views. Keep it to the point as if talking to a court. Where a case and evidence have been presented clearly I have found DPS to be reasonable and fair. At the end of the day they can only make a decision based on the evidence in front of them. Yes of course they work to their T&C's that you will have access to via the internet.

by Michael Barnes

12:26 PM, 8th March 2015, About 7 years ago

Reply to the comment left by "Rob Crawford" at "07/03/2015 - 09:57":

Details are not require within the 10 days, only a cheque for the amount of the deposit OR notification that the landlord does not agree to ADR.

Evidence is sent in response to a request for evidence (section 19 of Ts&Cs), and must be received within 14 days of issue of the request.

Therefore get your evidence ready now so that you can send it off when request arrives.
I would suggest recorded delivery, or similar.


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