Can I take DPS to court?

[amandamilner]

My ex - tenant breached his tenancy agreement and changed the locks without telling me when his agreement ended, so I could not enter the premises. After legal advice, I had to wait a bit until I was able to get them changed (at my expense) to gain entrance to my flat. He then got a solicitor 'friend' on to me who threatened me with unlawful eviction (he left after giving me 4 wks notice??!! - the only correct thing he did) by email with no reference number to the case or introduction. When I queried this and corrected his solicitor, she replied only with "dont contact me again".
Once I was in side the flat, the tenant had tried to remove his abandoned sofa out through the doorway. It clearly did not fit and as a result damaged the whole architrave and wall which I had to get fixed and redecorated at my expense. I also had to pay someone to remove his sofa. I got witnesses and photos to verify all this and saw my own solicitor for a sworn affidavit on the request of the DPS. I sent in copies of my invoices and pictures of the damage. As we all know, the DPS are anti landlords and totally pro the tenant- they rewarded him the full deposit after he said I made it up. He produced NO evidence. Therefore, can I take the DPS to court to give me back my money as they are without doubt wrong to hand it to him. He has lied to them yet I have evidence etc. Or do I have to take him to court even though the DPS have given him the deposit. Furthermore, the type of dishonest guy he is- I am now being hounded by 6, yes 6. different debt collectors for his debts. Surprisingly, one of the debts is in the same surname as his solicitor 'friend'........

[jta]

There have been cases of judges overturning the arbitration decisions of the tenancy deposit schemes, so why not try.

If you have evidence of him misrepresenting himself as a solicitor that may further your case considerably.

[Snorkerz]

Did you agree to 'arbitration'? Did the terms that you agreed to by agreeing to arbitration not give the DPS immunity from such action? Having just looked at the DPS's T&Cs it seems section 30a might just cover this.

Having a DPS decision go against you does not prevent you taking the tenant to court and presenting your evidence in front of a judge.

[westminster]

Once I was in side the flat, the tenant had tried to remove his abandoned sofa out through the doorway. It clearly did not fit and as a result damaged the whole architrave and wall which I had to get fixed and redecorated at my expense. I also had to pay someone to remove his sofa. I got witnesses and photos to verify all this and saw my own solicitor for a sworn affidavit on the request of the DPS. I sent in copies of my invoices and pictures of the damage. As we all know, the DPS are anti landlords and totally pro the tenant- they rewarded him the full deposit after he said I made it up. He produced NO evidence.

The onus is on you to submit evidence of the damage, etc, not the tenant. That means providing evidence of condition at the start of the tenancy; without this you cannot prove subsequent damage.

Therefore, can I take the DPS to court to give me back my money as they are without doubt wrong to hand it to him. He has lied to them yet I have evidence etc. Or do I have to take him to court even though the DPS have given him the deposit.

You cannot claim against the DPS; you agreed to abide by the adjudication decision insofar as it relates to the DPS subsequently distributing the deposit.* However, this doesn't stop you from claiming against the ex-T in the county court; but you'll still need evidence of condition at both the start and at the end of the tenancy to support your claim.

*N.B. ADR is not compulsory; you could've opted out.