DPS adjudication - Prevents further legal action?

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  • westminster
    replied
    Originally posted by Swindorski View Post
    If the DPS adjudication is only binding over the deposit, not the whole issue of responsibilty for damages, then I certainly feel that I have a case to answer.
    As I said before, you can challenge the adjudication decision in court, and the decision certainly has no bearing whatsoever on any claim beyond the deposit amount.

    Again, as I said before, you will need good evidence to support your claim - what evidence do you have?

    Here is the thead I think jta was referring to. OP challenged a TDS decision in court and won.
    http://www.landlordzone.co.uk/forums...ad.php?t=23226

    Leave a comment:


  • Swindorski
    replied
    Essentially the tenant produced a health and safety 'report' - on unheaded paper, from an unknown, unlisted and un-registered 'company', from a named person with no listed qualifications which was also unsigned! - essentially a microsoft word document that anyone could have printed for the price of 3 pieces of A4. The 'report' claimed the damages were due to structural deficiencies, flooding, leaking boilers and landlord negligence. It offered NO evidence to support these accusations.

    To my untrained eye the damages looked like punch holes in the plaster and rear door, maliciously ripped wallpaper, initials (remarkably matching those of the tenants children) engraved into woodwork and ingrained dirt, filth and stench like you have never seen.

    As I stated before, I was thoroughly shocked that the DPS even considered this 'report' as evidence at all, let alone based their whole findings upon it!

    If the DPS adjudication is only binding over the deposit, not the whole issue of responsibilty for damages, then I certainly feel that I have a case to answer.

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  • mjbfire
    replied
    The small claims court can only award up to £5,000 and they may anyway want to bumb it up the a higher court.

    In that case I would suggest you get a lawyer which will cost you more money.

    If you are sure about your case, in legal terms, documentation etc go for it.
    What are these spurious and unfounded accusations, if its haressment or illegal evicts, going to a higher court could leave you in a whole heap of trouble.

    Otherwise keep it under £5,000 and give it a go, but only if you done everything right.

    Leave a comment:


  • jta
    replied
    I believe there has already been a case where the court overturned an arbitration decision, I can't remember where to find it though.

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  • Swindorski
    replied
    That is exactly what I would like to do. My only concern is that the courts will simply say that the matter has been decided and I agreed to the adjudication being final. I am now thinking (hoping) that the 'binding and final' piece only applies to the amount of the deposit - not anything over and above that?

    Do you have any experience/knowledge of this happening and people going to the courts after a DPS adjucation has gone against them?

    Thanks for your help.

    Leave a comment:


  • westminster
    replied
    Originally posted by Swindorski View Post
    Am I now unable to take my ex tennat to the small claims court due to the DPS adjudiction being final or can I still persue the matter as it is not for the deposit but consideraly more?
    Ignore the DPS decision. You can still pursue a county court claim against the tenant, for the whole amount owing.

    To prove damage, you will need evidence of condition at the start of the tenancy, e.g. an inventory check in, as well as evidence of the damage/costs incurred.

    Leave a comment:


  • Swindorski
    started a topic DPS adjudication - Prevents further legal action?

    DPS adjudication - Prevents further legal action?

    Whilst I am aware the the DPS adjudication is final - does that only apply to the deposit?

    In my case my tennant left me with over £6k of damge to repair and I duly claimed the full amount of the deposit from the DPS - this was obviously nowhere near the full value of the damage but I thought would be a start.

    UNBELIEVABLY the DPS adjucated against me, due to (what I consider to be) a fictitious document (quite possibly) printed on my tennants PC, making spurious and unfounded accusations against me and my house!

    I was a little shocked by this decision to say the least. I have complained to the DPS but got the standard replies about decisions being final and not being overturned.

    Am I now unable to take my ex tennat to the small claims court due to the DPS adjudiction being final or can I still persue the matter as it is not for the deposit but consideraly more?

    Please help if possible as I really feel that I have been mugged.

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