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Tenant dispute

13

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    thesaint wrote: »
    Laughable response.
    I aim to amuse!
  • Joskat
    Joskat Posts: 59 Forumite
    Tenth Anniversary 10 Posts Photogenic Combo Breaker
    Euphoria short lived. Majority of deposit returned to tenant following ADR. Cannot understand why and have asked LA to ask DPS if any information on reason for decision can be obtained. This is beginning to sound really dodgy to me - was told that we were allowed to request deposit back twice. Third and final time was to go to ADR which was apparently submitted by LA in May and we were told it could take 3 months for decision. Chased this up on Monday and told by LA that it had been submitted again ( 4th time??) that day. Decision reached by DPS two days later after Tenants agreed to ADR - so no idea where the 3 months comes from!!! Have made app't with solicitor who will hopefully get some answers.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What exactly was submitted to the DPS? What was claimed? What supporting evidence was provided?

    What evidence was submitted by the tenants?

    What reason(s) was given by DPS for their decision?
  • Joskat
    Joskat Posts: 59 Forumite
    Tenth Anniversary 10 Posts Photogenic Combo Breaker
    edited 25 July 2015 at 11:10AM
    The LA has dealt with all of the process and they asked me to submit evidence. All I could do was provide a bank statement showing that they had done a runner before the end of the contract as no further payments had been made into the account (I'm aware that I could have tx'd to another bank a/c). I asked the LA to submit their evidence (letters to tenant and guarantor etc) to back this up.


    No idea what evidence the tenants had submitted - should we have seen it?.


    No idea what the judgement was (LA said he had just rec'd email telling him of the decision - should he have rec'd the judgment at the same time) so have asked him to get a copy of the judgment - so far I haven't heard anything.


    I know we have been very naïve as first time letters, but we learn by our mistakes and hopefully we are now going to claim in Small Claims for non payment of rent until end of contract - unless we can't do this now?
    I have an app't with our solicitor next week, and she has also asked for a copy of the judgement, so hopefully we won't have to chase the LA.


    Are we being given the run around by our LA?????


    Advice given on this site of do's and don'ts has been really helpful.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Should have ignored the deposit if it was never going to be enough and gone for the rent from the tenant and gaurantor.

    The deposit is for when both of those fail to cough up.
  • Joskat
    Joskat Posts: 59 Forumite
    Tenth Anniversary 10 Posts Photogenic Combo Breaker
    So getmore4less. Are you saying that now we have chased the deposit and lost through DPS, we can't go to court for the outstanding rent owed??
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Joskat wrote: »
    So getmore4less. Are you saying that now we have chased the deposit and lost through DPS, we can't go to court for the outstanding rent owed??

    you can still go to court, you have just wasted time by messing about with the deposit.

    The first late rent you should have been onto the gaurantor thats what they are there for.
  • Joskat
    Joskat Posts: 59 Forumite
    Tenth Anniversary 10 Posts Photogenic Combo Breaker
    Tenant and guarantor ignored letters that's why we went for the deposit. Thought we had a better chance of getting that than going through the court process.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Did you send them a letter before action.
  • Joskat
    Joskat Posts: 59 Forumite
    Tenth Anniversary 10 Posts Photogenic Combo Breaker
    A letter??
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