Can DPS deposit be used to pay rent arrears

[VictorKilo3]

My T has left thank God, but I was told by my LA that I cannot ask DPS for the deposit to pay his rent arrears owed, only for cost of damages inflicted. Is that right? I was also told the DPS process can take quite a while as it amounts to a dispute procedure (yet another one!).

Anyone out there with a similar story?

[JK0]

Agent is talking out of his bottom. You can certainly claim rent arrears from the deposit.

[Editor]

That's not right - of course you can claim against the deposit for rent arrears - that's one of the main reasons for taking a deposit in the first place. Technically, your letting agreement should state that this is the case.

[westminster]

I was told by my LA that I cannot ask DPS for the deposit to pay his rent arrears owed, only for cost of damages inflicted.

You can claim for unpaid rent *if* the contract says that unpaid rent may be set against the deposit. (Sometimes contracts don't allow it to avoid T not paying the last month's rent and telling LL he can deduct it from the deposit).

So you need to read the contract.

I was also told the DPS process can take quite a while as it amounts to a dispute procedure

I've never had to use deposit scheme adjudication (ADR) but as claiming via the county court takes at least six months I imagine ADR is a lot faster.

[LesleyAnne]

One of our tenants defaulted on his last rent, and we claimed it from DPS. Tenant has to agree for funds to be released, but I think they only have a certain time to respond, and no response is deemed as an agreement to the deductions.

[VictorKilo3]

Thanks guys not that it matters because T has left with more than the deposit's worth of damage on top of rent arrears. The good thing is it is now a criminal case and the CID police had just contacted me. It seems they are keen to hunt T down, so perhaps that can still happen.