DPS deposit all agreed now tenant unhappy

sarahevie

My tenants vacated on the 1st of September I lodged their deposit with the DPS.

At the end of the tenancy we decided to agree between us the allocation of the deposit (this is what I thought you were supposed to do).

They came to my house with their repayment id, bank details, I filled in my sections of the form. They did theirs (well the lead tenants did, their were four tenants). Money received within 4 working days.

I thought fabulous all sorted. Ever since then I've had up to 52 calls a day of abuse saying that I have stolen their deposit.

I don't know what to do. Currently I've got my mobile switched off and my home number disconnected as I cannot cope with anymore harrassment.

Any advice?

Gwhiz

Ignore the idiots would be my advice.

dancingfairy

Firstly I guess you need to establish that the money left your account and went to where it was required to go or that there was not a problem with the DPS.
I'm not familliar with who gets the deposit back but I presume it is the lead tenant who then has to distribute it?
Do you have names and addresses for those that are being difficult/abusive? You may wish to write them a polite formal letter explaining that the deposit was x, you retained y due to x,y,z which was all agreed at the time and that you have returned the money to the bank account of a.
I'd also point out to them that it is unacceptable to harrass you in this way and unless they cease you will be going to the police.
df

sarahevie

DF thank you for yor advice.

I did not place the deposit into their account, the deposit protection service holds the deposit then places it in the account details given. It is never in the landlords bank account, this is what the DPS is there for.

(I am sure it went to the right account because it is an online form and once you type the account numbers in it automatically generates the account holder's name and branch.) Which they were happy with at the time.

They have also said that it's not that they haven't received their portion, they are unhappy with the missing percentage which I have received.

This missing percentage they originally agreed that I could have - but it seems that they have since changed their mind.

I have spoken to OH and he agrees to send them a letter, but I don't have a forwarding address for them, I didn't make a note of it when they were filling in the form online and they didn't leave one at the property.

I do have an address for them as Virgin came to the property wanting their equipment back and had a forwarding address, so could use this? This ties in with what I can remember from the address given on the DPS form. (Wish I'd made a note of it now, but didn't think at the time I would need it.) Often my tenants don't leave forwarding addresses.

BitterAndTwisted

They had their opportunity to dispute any proposed deductions once you'd claimed part of their deposit back from DPS and then could have gone through the scheme's arbitration process. The lead tenant patently didn't choose to do that (presumably because they thought the deduction was fair) so their only recourse would be to make a claim in court against you. I wouldn't wast time or energy in contacting any of them, myself.

DVardysShadow

I think I would be devious and when they call ask for addresses to send a cheque to. Be oblique about actually sending one, rather than making a promise - 'OK, I am reflecting on this, and I may resolve it with a cheque'. Then send them a letter demanding that they cease and desist harassing you by phone.

sarahevie

I sent them a letter yesterday (received today) outlining the deductions, as agreed and asking that they not contact me again. We are talking about 25% of a £1200 deposit so £400 or £100 each, there were four tenants.

Only 12 calls today and 6 texts and 5 voicemails.

I also received a letter today from them, a one liner saying that they are requesting the £400 I have withheld back as they believe that the property was clean.

It's not the cleanliness that was disputed but the rubbish left, no keys, bakdoor broken etc.

I'm sending them bak the invoices which are paid to show the costs since they left. Anything else? If it goes to court would they have a leg to stand on as they originally agreed the deductions.

BitterAndTwisted

If your deductions are fair and they were agreed with the lead-tenant they haven't got a leg to stand on. Please don't waste any more of your time and energy