DPS dispute resolution service

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    #16
    Originally posted by boletus View Post
    Why the huge disparity? Balance of probability or beyond any shadow of reasonable doubt?
    They're both decided on the balance of probability.

    I'd suggest (with no facts at all) that MCOL claims are less common, bigger and more certain - it's almost impossible to argue away rent arrears.
    And that MCOL "wins" are much harder to collect.
    And MCOL often means an actual court appearance, while ADR is online.

    ADR is inevitable if the landlord and tenant don't agree and will usually result in a landlord's optimistic claim being pegged back.
    There's also (I guess) some element of landlords throwing everything they can think of into an ADR claim because they think they'll have some elements declined, which is self fulfilling.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      Originally posted by jpkeates View Post
      They're both decided on the balance of probability.
      That's the point, I know they should be but they aren't in practise. ADR is a lot higher threshold.

      (And yeah, I know if a landlord gets everything perfect they have nothing to fear!)

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        #18
        They are so one sided ! Recently claimed for the full deposit due to a cannabis farm damages from the tenant, they delayed every response time available for the tenant to reply, I had to chase them all the time to tell them they had passed there own deadlines . eventually they paid out, I wanted to use the insurance type scheme but was informed I had to be a member of a official organisation body. I thinking next time I will increase the rent for 12 months to accumulate the deposit then give a rent reduction to the market value.

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          #19
          I found them to be utterly incompetent. I had a few questions during the registration process and all they could say is "to seek legal advice". Had to find out the answers myself through TDS! After the tenancy ended, fortunately I settled the deposit directly with the tenants so didn't use their ADR service. Perhaps a lucky escape! Never will I use them again.

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            #20
            Originally posted by topshelf View Post
            I thinking next time I will increase the rent for 12 months to accumulate the deposit then give a rent reduction to the market value.
            That wouldn’t be legal (Tenant Fees Act).
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #21
              Originally posted by jpkeates View Post
              That wouldn’t be legal (Tenant Fees Act).
              I think it is allowed after 1 year. But I doubt that it's really a workable suggestion.

              Comment


                #22
                £900 deposit and the Letting Agent requested the whole deposit as the cleaning and redecorating to fix non wear & tear damage was estimated at approx £4000 and also they stole / took 2 x fridge freezers. Independent inventory on moving in and moving out backed all this yet the TDS awarded £700!

                I was fuming at the principle of it.

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                  #23
                  Originally posted by jpkeates View Post
                  That wouldn’t be legal (Tenant Fees Act).
                  It is legal as long as it is not suggested to the tenant before they sign the agreement.

                  Comment


                    #24
                    Originally posted by MdeB View Post
                    It is legal as long as it is not suggested to the tenant before they sign the agreement.
                    I agree, but the landlord would have some practical difficulty explaining why their rent was (probably substantially) higher than the contemporary market rate.
                    To get to 2-3 months worth of deposit substitute, you'd need up to 25% more rent per month - that would make an £800 pcm rent a grand a month - in my market that would be unlettable.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #25
                      jpkeates,

                      I think your maths is flawed, the maximum legal deposit is one month's rent so replacing that on a one year tenancy would simply add 8% to rent . Most of my tenants stay more than 3 years so not taking a deposit actually adds an insignificant amount.
                      Of course, it also disincentives tenants from moving if all the other landlords who are better businessmen than me charge a deposit, that they would need to find 🤨 so add less voids to the equation

                      Comment


                        #26
                        Originally posted by Section20z View Post
                        I think your maths is flawed, the maximum legal deposit is one month's rent so replacing that on a one year tenancy would simply add 8% to rent . Most of my tenants stay more than 3 years so not taking a deposit actually adds an insignificant amount.
                        I'd understood the intention to be to get more than the limited deposit now allowed.

                        But, again, in a normal market, if the market rent is £800, charging £860 for a no deposit rent wouldn't be easy for me.

                        Quite apart from attracting tenants for whom finding a deposit is a challenge, which isn't my favourite market sector.

                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment

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