Comments on: Tenant in despair after DPS pays deposit to landlord

By: Gem

Gem — Tue, 16 Nov 2010 18:07:55 +0000

This is an unfortunate case, but I feel inclined to comment on the fact that the DPS is the only insurance scheme, and that it allows for the Landlord to register his claim. Most tenants are satisfied knowing their deposit is held by a third party, and My|Deposits refuses outright to allow a Landlord to register his dispute. I must say that I feel the DPS is the better of the three (although I would most certainly use TDS for non-AST).
Saying that, surely the DPS insists for the tenant to be provided with its prescribed forms which would detail the claims procedure? If this is the case, it would be assumed that the tenant is aware of her time-frames, and therefore cannot claim if she misses the deadline?

Just a few thoughts…

By: Anonymous

Anonymous — Tue, 20 Oct 2009 22:50:20 +0000

i too am disgusted by the treatment received by the dps my case went to the adr and i do not feel that they have taken any of my comments that i provided as my evidence into account and despite the landlord providing no receipts for any of the work HE CLAIMED he had to do to the property they awarded him half of my deposit.

By: Tessa Shepperson

Tessa Shepperson — Tue, 20 Oct 2009 19:25:10 +0000

I have heard from the lady concerned, who is grateful for all the comments, and would like to make a few points:

- the landlord is a lady not a man
- she did contact the DPS after two weeks
- she was not aware about the account not being updated online, and this is the first time they have mentioned this to her in all their correspondence
- she still thinks they should have sent her a warning email

She also does not see how they can operate unregulated but says "I suppose this is reflected in the service they provide".

I think both parties will have to agree to differ in their views about this case.

By: Mcdonaldtaf

Mcdonaldtaf — Tue, 20 Oct 2009 09:24:35 +0000

Nick - The DPS is the scheme run on behalf of the Government and to the best of my knowledge is not a 'discredited service'.

My reading of the post and comments would suggest that the Landlord may have had a case to recover the money (rent arrears / dilapidations). I'm sure he wouldn't have just written in asking for it in case no one claimed.

There are agreements made and information provided on the correct process. How can the DPS be held accountable for someone not following a clear process?

I have a degree of sympathy for the DPS who are regularly criticised for being pro tenant. They can't win can they? @mcdonaldtaf

By: Tessa Shepperson

Tessa Shepperson — Mon, 19 Oct 2009 14:13:24 +0000

I have recieved a response from the DPS, who have been made aware of the idenity of the lady concerned. Their answer is as follows:

“The DPS has reviewed this case -

Both parties agreed to use the free adjudication service provided by the DPS. The Terms of which clearly explain the process ie, both parties will have 14 days to provide their evidence. The landlord provided his but nothing was received from the tenant, therefore the landlord won his claim. Even if the tenant wasn't aware that they would be sent an evidence form, we would have expected them to contact us after a couple of weeks of inactivity?

Also, their account on the website would have been showing "awaiting tenant's evidence" throughout the whole process and could have been viewed at any time by both parties.

I'm afraid it simply isnt practical for the DPS to chase either party for evidence. However, it is possible to seek an extension to the deadline if we are contacted before the expiry date, for example, if you are going on holiday.”