DPS - resolution

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    DPS - resolution

    My ex-T has now come out to reject the claim on the deposit held with the DPS. Should you put in the actual costs or should you discount it for wear & tear and then pass the DPS this revised figure? Or does the DPS automatically adjust for w&t?

    Part 2: once the DPS supply's their decision, and releases the deposit to either party they have decided upon, if in this example it was me, what is the small claims I should be asking for the difference between what I had originally asked the DPS (actual costs - deposit) = small claims amount or is it the (revised/adjusted amount of costs - deposit)?


    #2
    For part 2, if the DPS doesn't award you the whole deposit, you are likely to lose your costs in any court action. If they awarded you the full deposit, you claim for slightly less than the difference between that and the remaining value after fair wear and tear, or you risk having costs awarded against you as well as getting less than you asked for.

    For part 1, I guess it might be worth claiming a little more than you expect to get, as I'm not aware of a penalty for having the amount knocked back, and there is a risk that the adjudication will reduce an otherwise accurate figure.

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      #3
      Specifically what you are trying to do is to avoid rejecting an out of court settlement for more than what the court awards, but I suspect a carefully documented case with fair wear and tear allowed for may get you more than demanding well over what you are due.

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        #4
        The DPS ADR process is binding, so it's very hard to challenge in court.
        I'd suggest it's close to impossible.

        Any claim from a landlord for a deduction from a deposit should be based on their losses beyond fair wear and tear, so adjustment for fair wear and tear should always be made.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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