A post in the Landlord UK Facebook group caught my attention: “DPS awarded me only the 18 days’ unpaid rent from my tenant who left without notice, skipping the full month’s rent I claimed. Neighbor tipped me off they’d gone. They trashed the place and left a rat infestation, but I skipped claiming that due to DPS complexity. Is this normal?” If you’re a North East landlord in areas like Sunderland or Durham (where BTL yields average 7-10% but deposit disputes can dent profits), this scenario is frustratingly common. With the Renters’ Rights Bill 2025 enhancing tenant protections and deposit rules tightening, understanding DPS (Deposit Protection Service) decisions is critical. Let’s break this down step-by-step, like a case review, using verifiable facts and North East insights to clarify the award, explore options, and prevent future losses.
The Issue Breakdown: DPS Partial Award and Claim Limits Under the Housing Act 2004, tenants on assured shorthold tenancies (ASTs) must protect deposits with schemes like DPS within 30 days, and landlords can claim for unpaid rent or damages. For a periodic tenancy, notice is typically 1 month (per tenancy agreement or Housing Act 1988, Section 21 if served). If no notice was given, you’re entitled to rent until a new tenant moves in or a reasonable period (often 1 month pro-rated), but DPS awards are based on evidence, not assumptions. Claiming a full month’s rent (£1,000) without proving loss beyond 18 days (e.g., void period) likely led to the partial award—DPS prioritizes tangible losses. Rat infestation and trashed property (e.g., £2k-£5k damage per landlord reports) are claimable if evidenced (photos, quotes), but require detailed submission, which you skipped. This is normal—DPS awards what’s substantiated, not speculative. North East note: Local DPS disputes average £500-£1,500 awards, with 60% partial (DPS annual stats).
Step-by-Step Solutions: Addressing the Award and Next Steps Don’t let this slide—there are options to recover more, with North East costs (e.g., solicitors £500-£1,000 vs. UK £1,500).
- Review DPS Decision (Immediate Action) Check the adjudication report (free via DPS portal) for reasoning—likely cited lack of evidence for full rent or damages. You claimed £1,000 but got £600 (18 days at £33.33/day for £1,000 pcm). If void period extended beyond 18 days (e.g., 30 days to re-let), appeal with proof (e.g., marketing efforts, neighbor timeline). Deadline: 4 weeks from decision. North East tip: Contact DPS helpline (free) for clarification.
- Claim Damages for Infestation and Trash (Week 1-2) Submit a new dispute for rat infestation and damage. Evidence needed: Photos/videos (£50-£100 pest control report), repair quotes (£2k-£5k for rewiring, cleaning per Checkatrade). DPS allows multiple claims if initial was partial—cite tenant abandonment as breach. Story: A Durham landlord won £3k for similar damage with photos (DPS case study).
- Pursue Arrears if Deposit Exhausted (Week 2-4) If deposit (£1,000 typical) covers only £600, claim the balance (£400) via small claims court (£35-£115 fee for £1,000 claim). Use tenancy agreement and police report (if involved) as evidence. North East: Faster court process (4-6 weeks vs. 8-10 UK avg).
- Prevent Future Losses (Ongoing) Add notice clauses in ASTs, require guarantors, and inspect quarterly (£50-£100). Insurance for malicious damage/loss of rent (£200-£300/year add-on) covers voids. North East: Join NRLA (£20) for free support.
Is This Normal? Insights from Landlords
- Yes, partial awards are standard if evidence is lacking—DPS awarded £500 of £1,500 claimed in a similar North East case (tenant left early, no void proof).
- Damages often denied without quotes—another landlord lost a £2k claim for pet damage due to no evidence. Appeal with solid proof to maximize recovery.
This keeps your investment viable—partial awards sting, but action can recover more.
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