How can I prove they haven't paid rent? (trying to retrieve deposit from DPS)

moneybunny123

My tenant left a couple of weeks ago with 2 months rent arrears - not only that but there are also significant repairs/cleaning/redecoration needed.

I've had to submit a single claimant application to the DPS as I have no contact details for the tenant, but the DPS have just emailed me to say that it is MY responsibility to prove the tenants haven't paid rent.

I'm confused as to how I can prove that tenants HAVEN'T paid their rent? I issued a receipt every time they did, but who's to say that if I submit copies of the receipts to the DPS that I haven't just ommited the last few? Surely it should be up to the tenant to produce copies of receipts signed by me that prove they HAVE paid? I really don't know how I can prove that they haven't paid rent?

Any suggestions??

tbs624

How did your former T pay his/her rent usually? S/O, cash, cheque? Did you write to the T telling them that their rent payments were in arrears?

Draw up a Statement of Rent if you haven't already done so and get a Statutory Declaration completed

moneybunny123

They paid by bank transfer. Wasn't exactly a standing order, as the tenant would just send it over as and when (normally around the start of each month - she was already a month in arrears which the letting agency who had previously managed the letting had let happen.

I will draw up a statement of rent and include copies of all the receipts issued to her. Still don't really see how this proves she hasn't paid? Like I said, for all the DPS know I could be ommitting the last couple of receipts. Surely it's up to her to produce a receipt or prove that money was given to me?

angrypirate

Use a copy of your bank statement for the last 4-5 months of their tenancy, highlight the payments they did make. You should be able to blank out any sensitive information and that should be reasonable evidence.

may_fair

moneybunny123 wrote: »

I'm confused as to how I can prove that tenants HAVEN'T paid their rent? I issued a receipt every time they did, but who's to say that if I submit copies of the receipts to the DPS that I haven't just ommited the last few? Surely it should be up to the tenant to produce copies of receipts signed by me that prove they HAVE paid?

Yes, that's how it works in court. It's impossible for LL to prove non-payment, therefore T has to prove payment when LL alleges non-payment.

Any suggestions??

Ask the DPS what they regard as evidence?

MissMoneypenny

Send them a copy of the contract and your full bank statements. The payments won't match the contract. Also enclose the correspondence you sent the tenant asking for the money they owe you and any replies from them.

That's what I did when I went to court as someone owed me money. If I had waited for them to prove they had paid (which they couldn't, as they didn't) I would have had a very long wait.

moneybunny123

I've printed off bank statements and highlighted the money transfers from the tenant. The dates on these tally up with copies of receipts that I issued to her, which she signed and returned to me. Hopefully this should be enough!!

Crikey, she owes me close to £1500 and the deposit is only £575!! It's like getting blood out of a stone! It's harder getting money from the DPS than it was the tenant!!

DVardysShadow

may_fair wrote: »

Yes, that's how it works in court. It's impossible for LL to prove non-payment, therefore T has to prove payment when LL alleges non-payment.

Ask the DPS what they regard as evidence?

I agree with this. I think the thing to do is to send a schedule of payments - which demonstrates that not enough was paid - and leave the tenant to show that more or bigger payments were made

moneybunny123

DVardysShadow wrote: »

I agree with this. I think the thing to do is to send a schedule of payments - which demonstrates that not enough was paid - and leave the tenant to show that more or bigger payments were made

To be completely honest, that is exactly what I thought the DPS would expect...but their email to me this morning said the following:

"As the deposit was paid to you by the Tenant then the burden of proof falls upon yourself. You will need to include as part of the Statutory Declaration a breakdown of the costs you have incurred, along with any supporting documentary evidence."

I think this is ridiculous!! (But then I would - I'm the one currently out of pocket. Me and the utility companies that post CCJ letters to the house on a daily basis!)

DVardysShadow

moneybunny123 wrote: »

To be completely honest, that is exactly what I thought the DPS would expect...but their email to me this morning said the following:

"As the deposit was paid to you by the Tenant then the burden of proof falls upon yourself. You will need to include as part of the Statutory Declaration a breakdown of the costs you have incurred, along with any supporting documentary evidence."

I think this is ridiculous!! (But then I would - I'm the one currently out of pocket. Me and the utility companies that post CCJ letters to the house on a daily basis!)

This is shrouded in call centre bland speak, but it is essentially saying what I said - but saying that you must provide the statement of what has been paid as a Statutory Declaration.

BitterAndTwisted

"The cost you have incurred" refers to any charges/quotes for repairs and cleaning, not to the rent outstanding. It sound like you have all the evidence you need to claim the deposit against the rent due. Now, how you go about recovering payment for repairs and cleaning is another story entirely.