DPS - query

dwill1503

We had an issue with our last tenants and kept an amount back from their deposit on departure. They then raised a dispute with the DPS who in turn said that they would rule 50/50 so we had to pay half of what we had kept back to the tenants. We then raised a complaint and sent back yet more evidence proving we were right to keep the full amount deducted. That was in January and we still haven't heard anything. Do we just assume the tenants admitted liability? Does anyone know if there is a time limit for them to claim the funds back from us? It wasn't actually a huge amount so if we do receive a letter then we'll pay it, it was just more the principle.

G_M

Was this their insurance scheme? So you hold the deposit?

According to the FAQs:

Can the adjudication be appealed?
No. The Adjudicator’s decision is binding and cannot be appealed via the ADR procedure.

so I'm not sure what your 'complaint' can achieve, other than an internal enquiry about their adjuducation process.

Having said that, assuming you hold the cash, and neither DPS nor the tenants are chasing you to pay it, I should keep schtum. Time limit? well it seems to me the ruling was you should return 50%, and that has not changed.

dwill1503

Yes it was the insured process. We disputed the adjudicators decision because in their statement they made several inaccuracies and it was almost like they were reading someone elses file in parts - they quoted incorrect names, dates and general "facts". Hence, the reason for our dispute. As I said, it isn't a great amount of money its just a lose end!

Guest101

dwill1503 wrote: »

Yes it was the insured process. We disputed the adjudicators decision because in their statement they made several inaccuracies and it was almost like they were reading someone elses file in parts - they quoted incorrect names, dates and general "facts". Hence, the reason for our dispute. As I said, it isn't a great amount of money its just a lose end!

Time limit - 6 years. (+ court fees)

The decision cant be appealed, your complaint probably got filed in the bin. Use a different scheme next time.

dwill1503

Ha, ok. Well we'll just await the chasing letter and then respond promptly

Guest101

dwill1503 wrote: »

Ha, ok. Well we'll just await the chasing letter and then respond promptly

You presume it'll be a letter and not a court date? - not having a go, just saying.

dwill1503

Guest101 wrote: »

You presume it'll be a letter and not a court date? - not having a go, just saying.

I have it in writing from the DPS that they received our complaint/dispute and that they would respond.

Guest101

dwill1503 wrote: »

I have it in writing from the DPS that they received our complaint/dispute and that they would respond.

And they may well do, and say we have acknowledged your complaint blah blah blah.

But the tenant might just go to court now they have a decision from ADR.

Your complaint wont change the decision. Whether the DPS compensate you or not; You are now in debt to the tenant.

dwill1503

To be honest if it went to court, it would be a good thing. We have had various statements taken by the police and it isn't too late for us to press criminal charges against the tenants. So I wasn't concerned that the tenants would be chasing it i was only wondering if the DPS themselves would be chasing. I am assuming that the tenants thought they would try their luck, realised that we wouldn't back down so they have just not followed up.

As you can tell there is a lot more to this situation than just a few pounds being held by us

Guest101

dwill1503 wrote: »

To be honest if it went to court, it would be a good thing. No it wouldnt, you would lose. And have to pay court fees

We have had various statements taken by the police and it isn't too late for us to press criminal charges against the tenants. In this country we dont press charges. The police investigate, the CPS prosecute. You just make a statement.

So I wasn't concerned that the tenants would be chasing it i was only wondering if the DPS themselves would be chasing. They have 6 years to chase it.

I am assuming that the tenants thought they would try their luck, realised that we wouldn't back down so they have just not followed up.

As you can tell there is a lot more to this situation than just a few pounds being held by us

Criminal and Civil, 2 very different parts to this story. Whilst i sympathise, clearly the DPS found in the tenants favour to a degree, failing to follow this up will mean that you will very very likely lose in court. The deposit isnt yours.

dwill1503

I think you've given me all the help I need. Thank you Guest101