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Jerry.M
21-12-2011, 17:09 PM
I have a possession order and judgement for arrears for Ts and am now waiting for a date from Bailiffs. I have a Statutory declaration from DPS to claim back the deposit ( to cover a small part of the arrears) as the Ts will not reply to DPS. In the form I have to confirm the date the tenancy ended.

Can you tell me if the Tenancy ended after the possession order date (14 day order) or when I actually gain back the property from the bailiffs, as I have to wait a further 14 days after Tenancy ends to send back the form.

Also there is a tick box for not agreeing to adjudication. I am tempted to tick this as the Ts owe many thousands so adjudication would be a waste of time IMO. Any advice on this .

Any other experiences of Statutory declaration would be helpful

Thanks in advance

jta
21-12-2011, 17:14 PM
The tenancy ends on the day you get possession. so that would be after the bailiff has done his job.

westminster
21-12-2011, 17:42 PM
Can you tell me if the Tenancy ended after the possession order date (14 day order) or when I actually gain back the property from the bailiffs,
Housing Act 1988, section 5:
(1) An assured tenancy cannot be brought to an end by the landlord except by—
(a) obtaining—
(i) an order of the court for possession of the dwelling-house under section 7 or 21, and
(ii) the execution of the order,
(b) ...
(c) ...
(1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.*

*i.e. when the bailiff executes the warrant of possession.

westminster
21-12-2011, 18:05 PM
Also there is a tick box for not agreeing to adjudication. I am tempted to tick this as the Ts owe many thousands so adjudication would be a waste of time IMO. Any advice on this .

I have no direct experience of claiming a deposit from the DPS, but assuming you are using the Single Claim procedure (for when T won't respond), it seems likely T won't dispute your claim so it won't make any difference whether you tick the box or not.

However, the DPS' own rules say that they will not adjudicate when the dispute is or has been the subject of a court action, so you don't actually have a choice whether to opt in or out.

See also the ADR FAQs page, http://www.depositprotection.com/help/browse/agent-landlord/alternative-dispute-resolution where it says:

In order for us to take instruction from a court order, it is necessary that the deposit is referred to, or The DPS itself as the scheme administrator is referenced in the court order or on the relevant claim form. It is not sufficient to obtain an order for rent arrears or for possession for the property only.

In the event neither the Claim Form or the final court order refer to The DPS or the deposit the Claimant may apply to the Court for a Third Party Debt Order which could direct The DPS to pay part or all of the deposit to the Claimant.

Ericthelobster
21-12-2011, 18:41 PM
"In order for us to take instruction from a court order, it is necessary that the deposit is referred to, or The DPS itself as the scheme administrator is referenced in the court order or on the relevant claim form. It is not sufficient to obtain an order for rent arrears or for possession for the property only".And this is a real potential can of worms in my experience. When I once won a judgement against an errant tenant, I was well aware of this mealy-mouthedness, and specifically asked the judge to cover this in his judgement. However he categorically refused to do so, for reasons best known to him. Fortunately for me there was no issue with my reclaiming the deposit in full from the DPS (90% of it went towards rent arrears).

Incidentally I also used the Single Claim process - the tenant knew the deposit was due to me, but clearly had no interest in helping me get my mitts on it. Wasn't too awkward to do.

NB Make sure you apply any costs for any damages against the deposit before you use it against the rent arrears.

westminster
21-12-2011, 18:52 PM
And this is a real potential can of worms in my experience.
Agreed, but if the T is being obstructive and disputing a Single Claim it seems there's a way around it which is less complicated than applying to the court to amend the order, i.e. getting a third party debt order - which I didn't know till I looked up the FAQs.

Snorkerz
21-12-2011, 19:52 PM
Agreed, but if the T is being obstructive and disputing a Single Claim it seems there's a way around it which is less complicated than applying to the court to amend the order, i.e. getting a third party debt order - which I didn't know till I looked up the FAQs.Is that a TPDO with the DPS as the tenants debtor? Hmm interesting aspect - but iirc a TPDO will cost £100 - added to the judgement but you still have to pay it first.

mariner
22-12-2011, 00:24 AM
OP will need to get Solic to hear & sign the Stat Dec. 5 min job £5 fixed fee. I believe single party claim by LL is without hassle x weeks after T has ended and T has not sought repayment. Chance to apply for ADR has expired after x weeks IMO

Jerry.M
22-12-2011, 18:50 PM
Thanks for all the advice as always.
I will submit the single claim 14 days after the Ts have vacated the property(after 10 months of hell) and hoefully claw back a very small part of money owed, and then continue on bravely with our wonderful legal system in an attempt to retrieve some more.