Advice re DPS dispute

[Irina]

Hello.

For dispute resolution we'll use bank statements (rent was paid into our account) to show how much rent exT owes. Our problem is that we own another flat in the same house and 2nd T pays the same amount of rent, also into bank account. ExT's rent came under his company name, while 2nd T's one is marked by his account number. But adjudicator can presume that exT just changed the way he paid us. Is there any way to explain what happens? It just looks like no win situation for me.

Thank you.

[Carryon Regardless]

I have had problems with one T paying his rent into the 'Flats' account, cash and no reference. I request that all payments have my reference eg Fl1(e) applied to the payment, for whatever reason this isn't always done.

Now I have organised that rent is paid with the pence relating to the property number eg Flat 1 £---.01p, this gives me easy reference as to who paid what. It doesn't stop them paying the odd 3 or £400 in as they please but reduces the chance of applying a payment to the wrong tenancy.

I'm sorry this doesn't help you historically with your problem. What I would suggest is to raise a property rental statement detailing amounts due, paid and running balance. Where a T disagrees with the statement it would be for them to demonstrate the additional payments they may claim to have made, bank counter receipts and that sort of thing. Cash in the hand is so open to "I paid", "no you didn't".

Where cash has changed hands, usually at tenancy start, they get a statement within a few days.

I provide statements each January and request they check for accuracy.

When there are arrears they get statements more often as a reminder.

As they can't we need to help them manage their affairs, in our interest of course.

[Irina]

Thank you. Maybe, setting standing order in future on behalf of tenants will ensure that your reference is always there. Not all tenants will agree to it, though, being cautious and/or ill-informed.

[Carryon Regardless]

All mine are S/O, I've no wish to be a debt collector.Travel for rent and the gits will be out anyway.

I have and still am considering going toward D/D.

There is one that pays cash over the counter, and no reference (well Mummy does). Hopefully now with the 2 pence I will see it's him. He runs in arrears so as I seem to be his overdraft facility he pays a £30 penalty each month (unfair term but never queried).

With the S/O they have the control so there is no g'tee they comply with the hoped set up. I provide a S/O instruction with all necessary detail, and then a new one for new rents from each Feb.

In most cases rent arrives into my accounts within a few days of the 20th (all same payment date), with applied reference. Now, with most, there will be the added pence reference also.

My aim is to simplify as far as I am able. I hope to account rents once a month (around the 26th). The couple that require additional attention take more effort than all the rest (always the case with T's).

No query regarding statements I view as acceptance that it's correct. At least it gives them the opportunity to point out any believed error.

[Richlist]

For dispute resolution we'll use bank statements (rent was paid into our account) to show how much rent exT owes.

I'm surprised that you have elected to use the dispute resolution process and their adjudicator given the plethora of stories about how they favour the tenant.

[Carryon Regardless]

As you've been saying in the other thread (albeit an A), when you look at possible reward for effort it's often not worth chasing.

With the DPS (having never gone through the dispute resolution) trying for some pay out without applying too much effort might be worth while. At least there is some dosh there to be awarded.

The Court of Toyland is considerable effort, requires more dosh, and there may be nowt to be had from the T anyway.

As usual "advantage scumbag".

[Richlist]

I've no experience of 'scumbags' or their prowess at tennis:) ......somehow I seem to be able to play the system in order to avoid them.

I'm sure if you stick at it, pick up a few tips from these forums and try not to be to cynical then, eventually, you'll get a good one. They are out there (honestly they are) but,, unfortunately for you, I've got all the good ones at the moment.

[julles]

I do have some good tenants too ..in fact an excellent one and she is on benefits

..been with me ages .

[Irina]

Richlist, we wanted to go through the courts, but as expected, we don't have T's new address. We could serve it to his work address but were told in no uncertain terms by a court solicitor that if he ignores the claim, it will be thrown out of the court. Court can't award a judgement against work, it needs only residential address. We could serve it at the last known address (ours) but he can appeal attachment of earnings order on the grounds that he didn't know about it. Then all of the money spent (and it's quite a lot) will be wasted. He always takes free advice (Shelter, Tenancy Relations) and probably will know what to do. System needs changing but I don't think it will.

So, DPS resolution is our only way. I know it's biased but if we don't try, we'll never stand a chance. Of course, if T gets the deposit, it'll b a kick in the teeth. Such sad situation.