DPS_custodial_terms&conditions_April2015 V22.0
within 14 calendar days of the DPS’s invitation being issued; failure to do so could result in the Deposit
being paid to the other party contrary to the Landlord or Tenant intentions.
b. If the Landlord or Tenant do not wish to submit any additional evidence in support of his or her claim,
the Landlord or Tenant must notify The DPS in writing confi rming that they will not be submitting any
additional evidence, within the 14 calendar days of The DPS’s invitation being issued.
c. If, within 14 calendar days of the invitation being issued by The DPS, the Landlord or Tenant fail to
submit any evidence, or in the alternative confi rm in writing that they have no additional evidence to
submit, The DPS will release the full amount claimed to the other party within 10 calendar days of the
deadline for the Parties’ response.
d. In the event that neither Party complies with the requirement of paragraph 28(c) above, The DPS will
repay any disputed sum to the Tenant.
29. THE ADR PROCEDURE - EVIDENCE
a. The Landlord’s Evidence Form should include the following evidence types:
i. a statement of the precise issues which are in Dispute and the reasons for the amount of any Deposit
claimed by the Landlord;
ii. attach the signed check-in inventory and schedule of condition;
iii. attach vacating instructions;
iv. attach the signed check-out inventory and schedule of condition;
v. attach a signed and legally compliant written tenancy agreement;
vi. attach a schedule of the cost of any works sought to be deducted from the Deposit together with estimates,
invoices and receipts (produced by an independent or third party) and photographs if available;
vii. attach a statement of the rent account, if relevant;
viii. where housing benefi t has been paid, attach a letter from the Housing Benefi t Department stating
when it will stop, or that it has stopped;
ix. attach any other relevant information including photographs, DVDs, correspondence or receipts. Any
photographs or digital evidence should be signed or a statement should be attached signed by the
Party providing them and showing the date on which they were taken; and
x. confi rm that they have contacted the Tenant and provide a copy of any correspondence between them
or details of their discussions.
b. The Tenant’s Evidence should include the following evidence types:
i. the reasons why the Tenant denies that the Landlord is entitled to the disputed amount; and
ii. any other relevant information including photographs, DVDs, correspondence or receipts.
Any digital evidence should be signed or a statement should be attached signed by the party providing
them and showing the date on which they were taken.
c. If either party is unable to provide any of the evidence detailed above, he or she should explain to The
DPS why they are unable to do so and The DPS will then exercise its discretion as to whether to allow
the Dispute to proceed to Adjudication notwithstanding such failure.
d. If there is a Lead Tenant he or she must complete the Tenant’s Evidence Form on behalf of all Tenants.
e. Following receipt of each parties evidence, The DPS may request additional information or clarifi cation.
f. It is the Landlord’s sole responsibility to provide The DPS with a signed, valid, written tenancy agreement
for the purposes of Adjudication when requested and in any event before the case is passed to the
Adjudicator. If no copy of the tenancy agreement is received by The DPS, the Dispute Papers will be
passed to the Adjudicator in line with the normal timescale in any event. Please note that the Landlord’s
claim is likely to fail if such a tenancy agreement is not supplied.
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