Appealing against DPS arbitration decision

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    Appealing against DPS arbitration decision

    I am a Landlord and DPS have just arbitrated on a disputed deposit. My losses exceed the deposit however I was awarded only 5% of the deposit. The DPS Report list all the first submission of evidence by the Tennant and myself but omits the further evidence or the Landlords second submission. This evidence addressed points (lies) raised by the Tennant. The DPS acknowledged receipt of this information from me but I feel that the Adjudicator never received my further evidence. To my mind this is maladministration and the DPS should fully refund the deposit irrespective of what they paid back to the Tennant. The DPC will not engage in meaningful discussion only to say the report does not have to identify the evidence. However two paragraphs are given over to listing the evidence so I disagree, this is against the principles of report writing. Any comment or similar cases please?

    #2
    Originally posted by kholmes View Post
    I am a Landlord and DPS have just arbitrated on a disputed deposit. My losses exceed the deposit however I was awarded only 5% of the deposit. The DPS Report list all the first submission of evidence by the Tennant and myself but omits the further evidence or the Landlords second submission. This evidence addressed points (lies) raised by the Tennant. The DPS acknowledged receipt of this information from me but I feel that the Adjudicator never received my further evidence. To my mind this is maladministration and the DPS should fully refund the deposit irrespective of what they paid back to the Tennant. The DPC will not engage in meaningful discussion only to say the report does not have to identify the evidence. However two paragraphs are given over to listing the evidence so I disagree, this is against the principles of report writing. Any comment or similar cases please?
    The judgement of the arbitration is final and legally binding, is my understanding. I do not know if they have a redress procedure.
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      #3
      Originally posted by Wickerman View Post
      The judgement of the arbitration is final and legally binding.
      Except for appealing on a point of law (i.e. if the Arbitrator makes a manifest error in applying the law to the circumstances).
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        kholmes

        I feel that the DPS adjudicator should have been in possession of my "further evidence" which clearly exposed the lies told by my Tennant. As the report points to the evidence not being made available it is not such a surprise that the adjudicator has taken the side of the Tennant. I cannot appeal the decision - but can I challenge the administration error by DPS which resulted in evidence not being put forward?

        The DPS do not appear to have a watchdog and seemingly can/do avoid their responsibilities?

        Any similar experiences or solutions please?

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