Recovering Legal Fees From DPS

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    Recovering Legal Fees From DPS

    We're trying to recover unpaid rent and legal fees for the eviction from the deposit.

    The tenant has agreed to the unpaid rent but is disputing the court costs for the PO. Firstly claiming they are not liable, now claiming the can not afford them.

    There is sufficient in the depsoit to cover the outstanding rent and court costs and to leave some left over for the tenant.

    The deposit is held by the DPS.

    The tenant is now claiming they will apply to the court (in response to the PO) for time to pay.

    Can they do this? Equally can we bring make a claim through the courts for the rent and court fees directly from the deposit i.e. getting an order for the DPS to make the payment, irrelevant of the ex-tenants financial situation.

    Thanks, John

    #2
    The sums contained within the PO are due to you by T. If T makes an application for time to pay then you can challenge that by showing there is enough within the deposit.

    The deposit service may be difficult and state that the PO does not bind them as it does not order the deposit service to pay the money to you. If they take that line you should simply state that the PO states what is payable, and therefore it’s a clear debt owed to you by T. The fact it does not refer to the deposit service is irrelevant.
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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      #3
      Paul,

      Thanks, are you suggesting using the ADR? From what I've read on here it seems that most people advise against it and suggest instead getting a court order for outstanding rent + PO costs + costs and having it refer to the DPS.

      Regards, John

      Comment


        #4
        Does the PO state T must pay LL's costs in the sum of £x?

        If so then I see no reason how that is up for negotiation. Equally if T has admitted that they owe you £x for rent arrrears how do they now challenge that admission? Was it marked without prejudice?

        T is stuck with the PO unless they appeal against it.

        You are not asknig the DPS to work out what you are owed, rather you are requiring the DPS to acknowledge the existence of the court order, which binds T.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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