First Guest – Kevin Firth of the DPS
A new initiative for the new year is my podcast series. I’m hoping to do one per month and I have some great guests lined up for you.
To tell you a bit more (and to practice with the audio equipment) I have done a short audio which you can listen to, explaining a bit more about it. Turn your sound up and click the little arrow to start it. You’ll hear our theme music first.
[audio:http://www.landlordlawblog.co.uk/wp-content/uploads/2009/11/Series_announce.mp3|titles=Series_announce]
You can read Kevins NPP post here.
Questions are now closed for the podcast, thank you to everyone who submitted a question.
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Hi Tessa,
Great intro to your forthcoming podcast series. I look forward to it. Catchy tune too!
Tom, from The Law Wizard
[...] can submit questions here on The DPS Blog, or fill in Tessa’s online form but make sure you’ve sent us your questions by Saturday 15 January so they can be [...]
Hi
I am a land lord who currently is in dispute with a tenant who owes me over £2500 in rent arrears. He is out of the property now.
I have spent over £2000 in legal fees trying to evict them and taking them to court for the rent arrears. I was informed by my solicitor not to preceed as the chance of getting the money back was nil. I discountinued court action, knowing that the only money I may get back was the £675 in the DPS. The tenant has disputed the return of the money to me. He has suspended the account will not use the ADR service and I have been told that the only way I can get this money back is through a court order. I have asked the DPS how long this money can stay there before I can make a claim and they have said indefinately. I thought after 5 years – which is the standard time for all financial matters would apply here, not so.
The tenant cannot supply any evidence that he is NOT in rent arrears, so really what he is doing is if he can’t have the money then he won’t let me have it out of spite.
This couple have done this before, he has made my life a misery taking picture of my cars, property, and intimidating my family etc.
What can I do? Go through the expense of the court process again – wasting more money to get £675 back. I really need some help -as I feel there is no one on the side of decent good land lords. I have asked the DPS for a freedom of information request on the amounts of money in their accounts for similar situations and money unclaimed. There is alot more to this, but have just given you a basic outline
Lisa Laisney
Hello Lisa, £2,000 sound rather high for eviction for rent arrears – see this post here http://www.landlordlawblog.co.uk/2010/12/22/how-to-evict-your-tenant-on-a-shoestring-budget/. I will see if I can get Kevin to comment on this.
Lisa, I have contacted the DPS about your problem and this is the response which they have asked me to put online for you:
“I do understand your frustrations but unfortunately the information given to you is correct. The DPS must have consent from both parties that they are happy to use the ADR service; without agreement from your tenant, the only way to retrieve the £675 deposit is through the Courts.”
I am sorry that this is not the answer you would like but the DPS are bound by their rules.
Hi Tessa,
Just to clarify, it isn’t a DPS rule that both parties have to consent to use the ADR service, its a provision in Schedule 10 of the Housing Act.
Thanks
Kevin
So you see Lisa, its not even their own rules! So there is not much that can be done about it.