Small Claims permitted after DPS award?Make Text Bigger
I’d particularly welcome comments from those within the letting business’ or especially those 118 members with legal qualification please.
Last year my tenant abandoned the property half way into a fixed term tenancy, leaving rent arrears and many items damaged and lost. Furthermore she did not return the keys so an Abandonment Notice was issued by LA.
There was a deposit held of £1,000 with DPS via our agent, also her father was a Guarantor (under a Deed of Guarantee). Tenant refused to agree to the figure we claimed, nor to progress the dispute to ADR. Despite all the items to be claimed were covered in the terms and conditions of the AST and supported by both Pre and Post Inventory reports conducted by independent Inventory Clerks via the LA. Together with 2 witness statements.
Eventually after our solicitor sent LBA and a final demand letter, six month after departure agreement was give by the tenant for arbitration at DPS. The LA said that it wasn’t a good idea to enter the entire sum of £2-3,000 to be claimed, as the deposit only covered £1000. Which we agreed to, having no previous experience. The adjudicator awarded £880 of the deposit after some small deductions for wear and tear, age ect, that was understandable and we accepted.
So my questions:
Given that there has already been an award via DPS arbitration, does this now preclude any further claim via MCOL or Small Claims track in regards to those items NOT entered into arbitration? A separate claim for separate items not previously claimed.
Whom would be the best party to pursue to recover the sum which is covered by terms in both tenancy contracts and the guarantor agreement? The father as guarantor and homeowner in full employment either high credit ratings? Or his daughter the tenant, who is a recipient of disability benefits?
Thank you most kindly in anticipation of your response.
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