Dps- Recoverable Costs

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    Dps- Recoverable Costs

    I went through the single claim process with the DPS, it went to the dispute resolution, I claimed for rent owed, plus eviction costs (i.e. cost of baliffs and s21 process =£200+) I got the back rent, but they rejected the court costs because it wasn't stated in the the tenancy agreement.

    I had this clause in the agreement
    2.6 To pay, or be liable to pay, the reasonable net costs incurred by the landlord, or the agent or professional advisers, in successfully enforcing or remedying a notable breach of, or significant failure to comply with, the obligations of the tenant under this agreement.

    Surely this would have covered it????????


    Anyway guys, just a word of warning and something to think about when compiling your next agreement. Would be useful for others to share any other pitfalls with the DPS etc, because believe me they will side with the tenant where possible,

    #2
    Unfortunately you've experienced the down side of the tenancy deposit scheme. The dispute resolution process is there to resolve disputes, it doesn't necessarily follow that they will make the right decision. The clause you cite would seem to cover the costs you've incurred due to the tenants breach so I think it reasonable that you should have been able to recover them.

    Of the few cases I've heard about, I think a certain amount of 'wisdom of solomon' is creeping in rather than holding the terms of the agreement upto scrutiny.
    My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

    Comment


      #3
      Originally posted by oaktree View Post
      Unfortunately you've experienced the down side of the tenancy deposit scheme. The dispute resolution process is there to resolve disputes, it doesn't necessarily follow that they will make the right decision. The clause you cite would seem to cover the costs you've incurred due to the tenants breach so I think it reasonable that you should have been able to recover them.

      Of the few cases I've heard about, I think a certain amount of 'wisdom of solomon' is creeping in rather than holding the terms of the agreement upto scrutiny.
      I think it covers it, but I can't even appeal, I also claimed for a damaged carpet, but they said that without photo's etc- well I sent them !!!

      Again unfair- beware of the DPS Folks

      Comment

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