DPS judgement for tenant can I seek appeal or take to court?

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    DPS judgement for tenant can I seek appeal or take to court?

    Tenant ‘generously’ agreed to giving me half of the deposit, yet the damage they have left is over £2k their £300 deposit covers very little. They had a dog without my knowledge, scratches on walls and doors, broken cloakroom toilet so slow leak which has resulted in damp to walls and floor; damage to bath leaked water causing damage to ceiling below; left glass and metal dining table and chairs in garden in the rain causing green mould to the chair seats and metal frames filled with water, table and chairs are now full of rust and need to be replaced. Nails put everywhere damaging newly painted walls. In total, they are in breach of ten or more clauses in their tenancy agreement. Roof tiles broken in storm, leading to serious water damage, they failed to tell me until things became really bad. I provided pictures to DPS, my letting agents supposed to deal with DPS having found me the tenants, collecting deposit etc however, was not very supportive. Left it up to me to present evidence having never done this before. The house and furnishings are of excellent standard. This is so unfair. The property is uninhabitable empty for three months, Covid-19 is not helping as builders I have approached are busy up to January. Can I sue or appeal? Thank you.

    #2
    Yes, you can sue the tenant for what they owe.
    If the DPS didn't agree with what you claimed, it is unlikely that a court would overcome their decision, which you have agreed is binding.

    What did the DPS decide?
    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).

    Comment


      #3
      Do post the full transcript of the DPS adjudication up here.

      If there was 2K of damage and only £300 deposit why would you have claimed via DPS adjudication anyway???

      You are saying, for whatever reason they only said £150 compensation was due to you?

      Comment


        #4
        There is no right of appeal to the DPS arbitration result, in the sense of "they got the result wrong". If you have a complaint that it did not follow procedures in reaching its decision, then you can complain about that and if DPS agreed, DPS can change the decision or run it again. It's going to be similar going to court. You agreed to the arbitration decision to be final, so unless you can show there is problems with the way they reached their decision, rather than the decision itself, you are unlikely to get very far.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Did you claim for the full £2k, or just for £300 of damage?

          Comment


            #6
            What service did you have with the Letting agent, was it a fully managed one, did they produce a checkout report, how long was the tenancy? Has inspections been carried out, did they show that there was damage or a dog at the property? You are better off going to the small claims then trying to overturn a decision with the DPS (especially if you are only wanting an extra £150, if they over turn it).

            You need to have all the evidence, as well as where the T has moved to, if they work, etc so you have a hope of reclaiming any money, otherwise the only thing you will get is a judgement against them.

            Learn from this experience, and next time you engage with a letting agency, find out exactly what they will do.

            Comment

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