Dps Adjudication Process

sandyk01

Hi

I was wondering if someone can advise.
Tenants refused to leave and there was a bailiff process in November and that were evicted. Prior to this once the fixed term AST ended a Section 13 rent increase notice was given which they refused to pay but did not take it to tribunal. So when they left there was 800 rent arrears which had gone to the dps adjudication process. The adjudicators decision came back today with the 800 going back to the tenants because the AST states rent is payable on the 17th of each month but the Section 13 says 21st. For the first 6 months they paid up front then 3 months thereafter it was the 17th and then rent date changed to 21st. I'm not sure why- i have a letting agency who have dealt with everything. I usually get the rent a week or so after so I wasn't aware the date changed.
The agents today said that the date changed with the tenants but I never signed anything with this agreement nor was there an addendum to the tenancy agreement. I asked for the written agreement between them and the tenants to reflect this change and I'm yet to hear from them. They said they sent the rent schedule to the dps which reflects rent date as the 21st. They have emailed the dps today via the complaint process to state the adjudicator got it wrong re the dates.

Any thoughts?
Thanks all! 

anselld

It sounds like the Adjudicator was correct on the basis of evidence submitted, ie the s13 vs the tenancy agreement.  In any case the decision is final as the money has returned to the T. 

You could still make a claim through the Courts but only if your agent can produce the paperwork to demonstrate that the correct dates were indeed used on the s13.
Agent sounds dodgy anyway, taking 3-6 months rent up front and then paying you weekly.
Suggest you relet and move on with another agent.

sandyk01

anselld said:

It sounds like the Adjudicator was correct on the basis of evidence submitted, ie the s13 vs the tenancy agreement.  In any case the decision is final as the money has returned to the T. 

You could still make a claim through the Courts but only if your agent can produce the paperwork to demonstrate that the correct dates were indeed used on the s13.
Agent sounds dodgy anyway, taking 3-6 months rent up front and then paying you weekly.
Suggest you relet and move on with another agent.

Do you think i should be challenging the agents because ultimately they could be compensating me if they've messed up on the process?

RHemmings

sandyk01 said:

anselld said:

It sounds like the Adjudicator was correct on the basis of evidence submitted, ie the s13 vs the tenancy agreement.  In any case the decision is final as the money has returned to the T. 

You could still make a claim through the Courts but only if your agent can produce the paperwork to demonstrate that the correct dates were indeed used on the s13.
Agent sounds dodgy anyway, taking 3-6 months rent up front and then paying you weekly.
Suggest you relet and move on with another agent.

Do you think i should be challenging the agents because ultimately they could be compensating me if they've messed up on the process?

The agents must be a member of The Property Ombudsman Service or The Property Redress Scheme. You will be able to find out which one by checking their website. You may be able to start a case with the relevant ombudsman service, and may be able to receive compensation that way. 

https://www.tpos.co.uk/consumers/how-to-make-a-complaint

https://www.portal.propertyredress.co.uk/Complain

Note that you will have to go through the estate agents formal complaints process before complaining to an ombudsman. 

I don't know if you are likely to succeed through the ombudsman, but it shouldn't cost you anything. 

anselld

sandyk01 said:

anselld said:

It sounds like the Adjudicator was correct on the basis of evidence submitted, ie the s13 vs the tenancy agreement.  In any case the decision is final as the money has returned to the T. 

You could still make a claim through the Courts but only if your agent can produce the paperwork to demonstrate that the correct dates were indeed used on the s13.
Agent sounds dodgy anyway, taking 3-6 months rent up front and then paying you weekly.
Suggest you relet and move on with another agent.

Do you think i should be challenging the agents because ultimately they could be compensating me if they've messed up on the process?

They have certainly messed up, however taking care of the Deposit is ultimately your responsibility so you have effectively employed them to mess up on your behalf.  You should have been given the chance to check the claim details before submission to DPS.

You might get somewhere through the redress scheme as above, but ultimately you still need to get rid of this agent. 

To be fair, there is the opportunity to lose a lot more than £800 in an eviction scenario so other than the redress claim I would be inclined to kiss goodbye and consider you have got off fairly lightly.

theartfullodger

Dps correct.  And given their decision I think any attempt at small claims will fail.

One of many expected risks and debts any prudent landlord should expect and budget for.  I certainly do.

sandyk01

Thanks all. I'm not really sure what's the point of using a using agent. This isn't my area of expertise hence paying a fee to the agent to manage this. If I didn't have an agent and this was all down to me then I'd take it on the chin but I've effectively been paying them to manage this as per the legislative process.

Appreciate everyone's thoughts. 

saajan_12

sandyk01 said:

Hi

I was wondering if someone can advise.
Tenants refused to leave and there was a bailiff process in November and that were evicted. Prior to this once the fixed term AST ended a Section 13 rent increase notice was given which they refused to pay but did not take it to tribunal. So when they left there was 800 rent arrears which had gone to the dps adjudication process. The adjudicators decision came back today with the 800 going back to the tenants because the AST states rent is payable on the 17th of each month but the Section 13 says 21st. For the first 6 months they paid up front then 3 months thereafter it was the 17th and then rent date changed to 21st. I'm not sure why- i have a letting agency who have dealt with everything. I usually get the rent a week or so after so I wasn't aware the date changed.
The agents today said that the date changed with the tenants but I never signed anything with this agreement nor was there an addendum to the tenancy agreement. I asked for the written agreement between them and the tenants to reflect this change and I'm yet to hear from them. They said they sent the rent schedule to the dps which reflects rent date as the 21st. They have emailed the dps today via the complaint process to state the adjudicator got it wrong re the dates.

Any thoughts?
Thanks all! 

Did the agent fill in and send the Section 13 notice? Given you didn't know the rent payment date had changed yet the S13 stated the new date. 

If so, then you could certainly file a complaint against the agent for not applying due care, attention and skill in their job, either by not amending the lease and providing this proof to the Adujudicator OR by filling in the S13 improperly. 


Then you just wait to see which complaint gets anywhere. 

sandyk01

saajan_12 said:

sandyk01 said:

Hi

I was wondering if someone can advise.
Tenants refused to leave and there was a bailiff process in November and that were evicted. Prior to this once the fixed term AST ended a Section 13 rent increase notice was given which they refused to pay but did not take it to tribunal. So when they left there was 800 rent arrears which had gone to the dps adjudication process. The adjudicators decision came back today with the 800 going back to the tenants because the AST states rent is payable on the 17th of each month but the Section 13 says 21st. For the first 6 months they paid up front then 3 months thereafter it was the 17th and then rent date changed to 21st. I'm not sure why- i have a letting agency who have dealt with everything. I usually get the rent a week or so after so I wasn't aware the date changed.
The agents today said that the date changed with the tenants but I never signed anything with this agreement nor was there an addendum to the tenancy agreement. I asked for the written agreement between them and the tenants to reflect this change and I'm yet to hear from them. They said they sent the rent schedule to the dps which reflects rent date as the 21st. They have emailed the dps today via the complaint process to state the adjudicator got it wrong re the dates.

Any thoughts?
Thanks all! 

Did the agent fill in and send the Section 13 notice? Given you didn't know the rent payment date had changed yet the S13 stated the new date. 

If so, then you could certainly file a complaint against the agent for not applying due care, attention and skill in their job, either by not amending the lease and providing this proof to the Adujudicator OR by filling in the S13 improperly. 


Then you just wait to see which complaint gets anywhere. 

Thanks they sent the Section 13 to the tenant but I never got a copy of it. They emailed to confirm it was served but didn't give me the actual copy. I obviously trusted that they knew what they were doing. 

Thanks for the advice

housebuyer143

sandyk01 said:

saajan_12 said:

sandyk01 said:

Hi

I was wondering if someone can advise.
Tenants refused to leave and there was a bailiff process in November and that were evicted. Prior to this once the fixed term AST ended a Section 13 rent increase notice was given which they refused to pay but did not take it to tribunal. So when they left there was 800 rent arrears which had gone to the dps adjudication process. The adjudicators decision came back today with the 800 going back to the tenants because the AST states rent is payable on the 17th of each month but the Section 13 says 21st. For the first 6 months they paid up front then 3 months thereafter it was the 17th and then rent date changed to 21st. I'm not sure why- i have a letting agency who have dealt with everything. I usually get the rent a week or so after so I wasn't aware the date changed.
The agents today said that the date changed with the tenants but I never signed anything with this agreement nor was there an addendum to the tenancy agreement. I asked for the written agreement between them and the tenants to reflect this change and I'm yet to hear from them. They said they sent the rent schedule to the dps which reflects rent date as the 21st. They have emailed the dps today via the complaint process to state the adjudicator got it wrong re the dates.

Any thoughts?
Thanks all! 

Did the agent fill in and send the Section 13 notice? Given you didn't know the rent payment date had changed yet the S13 stated the new date. 

If so, then you could certainly file a complaint against the agent for not applying due care, attention and skill in their job, either by not amending the lease and providing this proof to the Adujudicator OR by filling in the S13 improperly. 


Then you just wait to see which complaint gets anywhere. 

Thanks they sent the Section 13 to the tenant but I never got a copy of it. They emailed to confirm it was served but didn't give me the actual copy. I obviously trusted that they knew what they were doing. 

Thanks for the advice

Pursue the agent. Everything that went wrong with the section and the deposit is because they were negliant. What are you paying for if they can't do the basics correctly