UK Landlord Forum / Life

Could someone explain how the DPS scheme works
I have taken court order out against tenants for 3 months unpaid rent.  I did not mention deposit in any part of the claim
Tenants are moving out and all signs indicate that they do not intend to leave forwarding address
I informed DPS of situation and they have replied saying that if I confirm court action has been taken then account will be suspended and when court proceedings are concluded they will require a copy of the court order which must direct them to release the deposit to the sucessfull party.
I don't understand this as I am claiming for unpaid rent not the deposit, I thought the deposit was something entirely separate, that this belonged to the tenant and that if it was required I could try to withhold some of this only if I found there was damage to the house. Tenants will not allow access for anyone to access property at moment so have no idea whether this will be an issue or not. Since I have not mentioned anything in the court order about the deposit how could the court direct the DPS to return it to me.
This is getting complicated and I am not sure what to do

Hello miaowen,

Normally deposits are held against 1 - Damage and 2 - Unpaid rent.  So you could use the deposit money to offset against three months unpaid rent even if the house was returned to you in a spotless condition.

It soulds like the DPS are trying to help you.  They will suspend their normal payment timescales to allow your court case to finish.  And then they send the money to whomever wins the court case.  And if it's over unpaid rent, the judgement should go in your favour.

Thanks for that reply at least I do not have to worry about deposit now
Problem now is tenants are refusing access to check inventory before they leave.  They have told me they are moving on Thurs 21st and will meet someone at property on that date but I know they are moving Sun 17th so will be long gone by the Thursday
The house is furnished and I am worried that they will take what they want from the house, they have already tried to sell some items on facebook! I have given them 4 days to choose from to allow someone access (at any time during those days) just to check the inventory but now not answering texts (They just dont answer if I try to ring them)
Is there any way I can prevent them from just clearing the house.  I do have an inventory. Some of the items are not worth much but there is quite a lot of good furniture.  I know I have been stupid and have learnt a lot from this experience and wont be caught out like this again but I just dont want to lose a lot of the contents of house as well as unpaid rent

Have gone through small claims court for 3 months unpaid rent. Tenants have now left but left property in a disgustingly dirty state

House was origionally decorated with painted anyglypta wallpaper in magnolia.  This was removed leaving damaged plaster with nails and screws hammered in.  Paint spilled approx 15" square on one bedroom carpet, nail varnish or paint spilled on other bedroom carpet, also on bedroom door and splashed around kitchen floor
2 botched repair jobs to kitchen vinyl to cover whatever damage they had done. Double bed and 3 pairs curtains missing. Silicone to all windows in house removed due to being black and covered in fungus. I could go on forever, the bathroom is disgusting.................

My problem is I informed the DPS of my taking court action so they have suspended the account which I am glad about as I know that one of the tenants has tried to retrieve the deposit, but I cannot now ask for the deposit to reimburse me for repair to property (I have kept receipts of every penny I have had to pay for repairs) but have gone on website and phoned them and all they can suggest is their mediation service which I know is not going to work.  Beyond that all they can suggest is getting a soliciter to fight the case in court

This is ridiculous as I will be lucky to even get back the rent owed never mind accumulating more costs through the courts.  Should I just put this down to bad luck and ignore the £1210 that it has cost me so far to replaster, recarpet and rectify all other problems

Would really appreciate some advice