DPS bond contested

DPS bond contested

8:12 AM, 22nd August 2013, About 8 years ago 25

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I am a new Landlord and the first tenant has left after she couldn’t pay her rent. Her partner left the house a month before and the new tenancy agreement was signed in her name only. DPS bond contested

Some damage had been caused to the property, gas meter changed without consent and was in rent arrears so the bond was requested back via our letting agents.

The tenant contested us having the bond stating that she had to leave because of a violent relationship.

They have offered us £200 out of a £600 bond which doesn’t even cover the rent arrears.

We have been told that if we take it to the adjudication panel we will not win and will loose the full £600.

Any advice would be much appreciated.

Thanks

Christopher



Comments

by chris howells

17:30 PM, 22nd August 2013, About 8 years ago

This is happening to me currently but as I have an agent who did the inventory etc I am claiming from the DPS the rent arrears which are 1500 . Although there was damage to locks and furniture etc, no point pursuing it as I wont get anywhere just happy if the rent arrears are paid from the bond

by Neil Robb

21:59 PM, 22nd August 2013, About 8 years ago

This is what puts me of taking a deposit now. I just live with the necessary repairs as long as it is fair wear and tear.

This seem a lot of hassle The deposit scheme seems to me the landlord must have everything 100 per cent in their evidence.

I can not imagine a tenant having detailed evidence

Do you think I am being stupid by not talking deposits I would like to know your fews

by Seething Landlord

22:48 PM, 22nd August 2013, About 8 years ago

Reply to the comment left by "Neil Robb" at "22/08/2013 - 21:59":

There are a number of reasons why some landlords are not taking deposits but I believe it is really up to the individual to weigh up the pros and cons. What is highlighted by the deposit protection procedures is that the money belongs to the tenant and if the landlord wants to claim it he has to prove his entitlement to it as he would in any other situation in which he wanted to lay claim to someone else's money. The benefit of taking a deposit is the guarantee that if the claim is proved the money is there to pay it but there are other options such as rent guarantee insurance or the tenant providing a guarantor.

by David Sweeney

23:38 PM, 22nd August 2013, About 8 years ago

Reply to the comment left by "Neil Robb" at "22/08/2013 - 21:59":

"I just live with the necessary repairs as long as it is fair wear and tear." but that is what we all do, whether there is a deposit or not.

"The deposit scheme seems to me the landlord must have everything 100 per cent in their evidence." yes, it would be unfair to make the tenant pay for something if there was any doubt that they owed it.

"I can not imagine a tenant having detailed evidence" well they have to prove they paid the deposit. If you want some of it, the onus of proof is on you. It is impractical for a tenant to prove they didn't do something when the allegations only arise after the tenancy has ended (and their opportunity to obtain proof).

"Do you think I am being stupid by not talking deposits" not at all - entirely your choice. Personally I do take them because I would be wary of a tenant unable/unwilling to pay one.

by chris young

10:00 AM, 23rd August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "22/08/2013 - 10:48":

Hello,yes it has already gone to DPS. It has been with them for a couple of months now. They are at the stage where they are saying the can guarantee us £200 and that will be the end of the matter or we can take it to the panel (and risk loosing it all). The letting agents are claiming loss of rent on our behalf as well as damage caused to the property so that's why they are asking for the full bond. Many thanks again

by Mark Alexander

10:02 AM, 23rd August 2013, About 8 years ago

Reply to the comment left by "chris young" at "23/08/2013 - 10:00":

What is the justification for offering only £200 then?

Why does your letting agent think you should accept?

Something doesn't seem right here.
.

by chris young

10:04 AM, 23rd August 2013, About 8 years ago

Reply to the comment left by "Mary Latham" at "22/08/2013 - 11:26":

Hello, many thanks for your reply. I believe that the £200 is towards the rent arrears. Evidence of this has been provided by the letting agents. Many thanks

by Mark Alexander

10:08 AM, 23rd August 2013, About 8 years ago

Reply to the comment left by "chris young" at "23/08/2013 - 10:04":

Sorry, am I missing something here? Please remind me of the level of rent arrears?
.

by chris young

10:12 AM, 23rd August 2013, About 8 years ago

Reply to the comment left by "Seething Landlord" at "22/08/2013 - 17:10":

Hello, a new tenancy was granted in her name only. I believe the deposit stayed in the DPS scheme from when they originally put it in when the couple lived together. Many thanks

by chris young

10:15 AM, 23rd August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "23/08/2013 - 10:08":

She owed a months rent of £575. I'm not sure what the justification for the £200 is but I will be ringing the letting agents again to find out. The lettings agents have been told by DPS that if we take it to a panel that we "risk loosing it all" and apparently they only tell them that to give them the heads up that we wont win this case as they are favouring the tenants on this occasion.


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