Deposit Protection Scheme / ADR

mrkk

OP, you supply the DPS with copies of your correspondence both from the agent about the "generic" inventory and the email with your observations about the absence of items or condition of the property and its contents.

Make the point to DPS that you declined to sign that undated inventory because it was inaccurate.

As the DPS is a custodial scheme, if the DPS find in your favour, it will be they who return your funds to you.

If your landlord is unhappy with DPS's decision, it will be for them to start proceedings in court, not you.

Thanks for your reply BitterAndTwisted.

My question on the original post related to asking whether both parties have to agree to use the ADR service, which now I have (given previous posts) come to the conclusion to be true:

"The ADR service can only be used where both parties agree to resolve the dispute through it and to be bound by the decision. If one party states that they do not wish to use the ADR service, then resolution of the dispute will have to be taken through the County Courts or resolved by way of an agreement."

This would surely be the case with the DPS solution, no?

Coupled with the fact we have attempted to get the ball rolling with DPS and the Deposit Status has been changed recently to 'Disputed Claim' which is defined in their Glossary as "A Repayment Claim has been started but the claim has been rejected by the other party."

Essentially, the LL does not want to enter this process, as I'm pretty confident the evidence (and the Property Agent / LL lack of evidence) will result in a favorable outcome for ourselves but the LL is probably confident we don't currently have the money to go to court.

So what I'm getting at is...our only option is to go to court or accept their unexplained deductions from our deposit? Again, correct me if I'm wrong