Stuck in a loop!

[Interlaken]

We have heard that the DPS arbitration service tends to favour the tenant, so were advised to go to court to get a judgement to say the DPS need to pay the landlord due to the clause covering arrears. Is the DPS arbitration fair?

It is generally thought that the DPS favours the tenant. Who should force them to look at their judgements?Last year I applied for a CCJ in a case rather than use the DPS arbitration scheme. Very recently after a 6 month wait I got a county court order which would, I thought pay me the deposit where tenants left owing rent and having caused damage to the let.
I emailed off the order to the DPS and no, the DPS are having none of it mainly because the wording is not as precise as they would like.
I have gone back to the court for advice on how to proceed and suggesting re- wording of the document as requested by the DPS.

Be prepared to put time and effort in if you go down this route.

[The_Fairthfuls]

Thanks. Thats what our solicitor said too. She spoke to the DPS who told her the exact wording needed from the judge on the order. However, as our claim is under £5000, she suggests a small claims court is the best way forward.

Can anyone advise whether it is illegal for us to leave their belongings outside their current rental?

[Snorkerz]

You have to protect their belongings.

A claim on DPS for rent is straight forward enough, there is no defence the tenant can viably make. Small claims limit goes up to £10k in April.

If you do decide to go down the court route, as Interlaken says, you need to specifically request the judge to include in his judgement, an order that the DPS release the tenants funds to you.

OOI, you can also submit a 'third party debt order' against DPS to enforce the court order. The £100 fee will be added to whatever the tenant owes.

[Interlaken]

I doubt if it is illegal but consider that the ex tenants might accuse you of damaging their goods or littering.

The usual way forwards is to bag up the stuff and keep it for 2 months. Write and tell the ex tenants that they should arrange to collect their belongings by a set date after which time the goods will be discarded.

[The_Fairthfuls]

How long do we have to protect the belongings? They are saying they left the property empty and we want to get it rented asap.

As far as the DPS is concerned, do you know what we need to provide to prove rent has not been paid?

Thanks again all.

[Snorkerz]

http://www.landlordzone.co.uk/uncollected_goods.htm

DPS, there is a contract that says the tenant should pay £x every month. The landlord states the tenant has not paid £Y. The DPS then look to the tenant to prove that the landlord is wrong. If tenant can't prove that they have paid £Z then the landlords case is proven.

[The_Fairthfuls]

Thank you.

[westminster]

Their Nov rent was due 21 Nov 2012 and they advised us at the end of Jan that they moved out end of Nov. Like I said in my earlier posts, this was a verbal notification they gave when speaking with our solicitor. They refused to send anything in writing.
I guess our concern is they may say they dont owe any rent as they moved out end of Nov.If the arbitration service agree with them, then we lose the deposit.

There is no point in claiming the £700 deposit via the scheme adjudication service, then claiming the rest in the county court. Opt out of adjudication and bring a county court claim for the whole lot. Unpaid rent, and carpet damage (as you evidence that it was newly fitted just before the tenancy).

You also benefit from the fact that in court you will get a hearing, and therefore a proper opportunity to argue your case. With adjudication, it's all paper-based so if the adjudicator misses something you're not there to point it out. Moreover, judges are legally qualified, whereas adjudicators may well have a less good understanding of the law. I would certainly feel more confident of a fair result in court as opposed to adjudication.

What the T did, by his act of vacating, was make an implied offer to surrender. A LL may accept or reject, by his actions, an implied offer to surrender; for example, if the LL were to enter, change the locks, and re-let the property, he would have unequivocally re-taken possession and accepted the offer to surrender. This is known as a surrender by operation of law, when the totality of both parties' actions is inconsistent with the tenancy continuing.

So far, all you have told us that you entered the property once. Entering once to inspect does not, in itself, necessarily comprise an acceptance of the T's offer to surrender. But the date you first entered is the earliest date that the T could possibly succeed in arguing that you had accepted his offer to surrender. He cannot succeed in arguing that his liability for rent ended on the date that he moved out.

So, have you actually taken back possession? For example, have you cleaned the place up and redecorated, or changed the locks, or what?

What date did you first become aware that the T had vacated? What date did you first enter the property?

What I don't understand is why the T would have broken in to a property he has keys to....(you don't mention that he returned them).