DPS complaint

Guest101

benjus wrote: »

Sounds to me like the DPS are feeling very sheepish about their mistake and are trying to appease the landlord by getting your son to play along. They probably would like him to submit some convincing evidence to back up their decision to repay the £345.

If they decide (whether or not he responds to this letter) that the LL should have retained more of the deposit, I'm not sure what would happen. They could (a) accept that they "lost" the deposit and repay the LL from their own funds, then chase your son for the amount, (b) same as (a) but they don't bother chasing your son for the amount, or (c) tell the LL to chase your son directly if he/she wants the money.

In any case, they don't have the authority to force your son to repay the amount they have already returned to him - they would have to take him to court for that.

I don't think the DPS could take him to court for that money. It's not theirs, they have no interest in that sum.

sprite1508

Guest101 wrote: »

Just not sure why the DPS complaint? Are you saying that mistakes don't happen?

the complaint is the DPS are now wanting us to fight the battle and provide evidence to prove my son did not damage the property.
Yes people make mistakes and that's fine, however if that is indeed the case then it exactly that, their mistake! therefore they should deal with this matter without involving us.

Due to their `mistake` I now have NO evidence to provide, so yes its a complaint as they have put us into a situation I have no way of solving.

sprite1508

Guest101 wrote: »

I don't think the DPS could take him to court for that money. It's not theirs, they have no interest in that sum.

but could the LL? even though he has no evidence to prove my son has done anything?, also we now have no evidence to prove that he didn't, its a rubbish situation to be in.

Iv contacted the DPS and asked them for the exact dates the LL responded, did he provide photos.. receipts.. invoices for work etc?

it just seems all very underhand to me, if I was a LL (and I have been in the past) and my tenant damaged the things hes suggested I wouldn't offer to pay half like he had.... would you?

Guest101

sprite1508 wrote: »

but could the LL? even though he has no evidence to prove my son has done anything?, also we now have no evidence to prove that he didn't, its a rubbish situation to be in.

Iv contacted the DPS and asked them for the exact dates the LL responded, did he provide photos.. receipts.. invoices for work etc?

it just seems all very underhand to me, if I was a LL (and I have been in the past) and my tenant damaged the things hes suggested I wouldn't offer to pay half like he had.... would you?

Of course, If your son owes him the money and he convinces the court of this then the LL would win.


the LL may well have evidence.


The LLs evidence pack isn't for you to worry about. And certainly the LL is never obliged to provide receipts, since they are not obliged to do the work. Simply seek compensation for the loss incurred.


The LL has clearly heard of betterment, which suggests you haven't. The premise being the landlord cannot get new for old, so is charging a proportion of the door,

Guest101

sprite1508 wrote: »

the complaint is the DPS are now wanting us to fight the battle and provide evidence to prove my son did not damage the property. - Seems reasonable. The DPS is neutral in such matters.
Yes people make mistakes and that's fine, however if that is indeed the case then it exactly that, their mistake! therefore they should deal with this matter without involving us. - Well if you refuse ADR, the LL can go to court and your son would be asked why he decided to waste the courts time when ADR was readily available.

Due to their `mistake` I now have NO evidence to provide, so yes its a complaint as they have put us into a situation I have no way of solving.

Actually due to your systems, you have no evidence. You should keep all documentation for 6 years, the fact you don't is an error on your part.

sprite1508

Guest101 wrote: »

Actually due to your systems, you have no evidence. You should keep all documentation for 6 years, the fact you don't is an error on your part.

we didn't actually get any documentation, I took the photos for my own peace of mind till the DPS returned the bond, they did, I deleted.

iv phoned the estate agent to see if they have any documents to prove the property was left in good order but the woman who deals with lettings is on leave till the 6th june, apparently no one else deals with them ?!:eek:

Guest101

sprite1508 wrote: »

we didn't actually get any documentation, I took the photos for my own peace of mind till the DPS returned the bond, they did, I deleted.

iv phoned the estate agent to see if they have any documents to prove the property was left in good order but the woman who deals with lettings is on leave till the 6th june, apparently no one else deals with them ?!:eek:

1: Like I said, keep documents for 6 years, that's the limit for claims
2: Why would the agent help you? The LL is their client, they aren't going to supply you with anything

FBaby

Very interesting, as a couple of years ago, a family member LL, complained about the adjudicator's decision (complained, not appealed) and DPS agreed with them that the rules of the adjudication had not been followed properly and therefore a decision was made that it needed to be arbitrated a second time by a different adjudicator (unaware of the first decision). This resulted in a complete different outcome and meant that most of the disputed deposit was awarded to them.

As the deposit had initially been returned to the tenant, they wondered whether DPS had then gone back to the tenant to get that money back from them, or whether DPS had a special insurance like fund for such cases and therefore, both tenant and LL got the money.

In this instance, I am wondering whether DPS has agreed to go through the process just to give weight to the LL to then take OP's son to court for that amount.

Pixie5740

I wouldn't bother contacting the LA again. 1) Their client is the landlord. 2) Your son's best course of action is probably just to completely ignore this.

FBaby

we didn't actually get any documentation, I took the photos for my own peace of mind till the DPS returned the bond, they did, I deleted.

To be fair, even though they will consider any evidence you provide, their decision is mainly based on what the LL provides. Their position is that the deposit is the ownership of the tenant and only if the LL can make a case through their evidence will the arbitrator decide to withdraw some or all of it.

It helps if the tenant can provide evidence, mainly in the circumstance where the LL was to provide fake pictures for instance, but you should be send everything they are submitting, so at least you could contest if you thought that was the case and they might look into the authenticity of the documents sent.