Deposit Schemes and Courts

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SueSmith
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I opted for small claims online process and not MyDeposits Dispute Resolution for a number of reasons including that the tenants refuse to pay outstanding rent, and damages were double the value of the deposit. The judge ordered that the matter be dealt with by MyDeposits ADR as he did not want to deal with damages etc despite it all being well documented and laid out in a simple form. He was not prepared to listen to my reasons for having the matter dealt with by the court. Including that under MyDeposits rulkes they wont deal with a dispute if rfent is owing.

MyDeposits adjudicator decided to give the tenants all the deposit because he said that the photographs were not dated and signed by the tenants. The tenants had refused to come to the check out and despite being given 10 days to attend at their convenience did not do so. How then can one get tenants to sign photographs? (even if one had an instant printer etc set up). This is unrealistic.
The photos had been taken on the check out day and I had used the front page of a newspaper as part of the photos to date the photos taken. This was obviously ignored by the adjudicator.

None of the evidence that I had forewarded to MyDeposits was considered.

1. The concept of dating and tenants signing the photos is unrealistic. Bad tenants as in this case don't show up and thus get all their deposit back. RLA needs to campaign on Landlords behalf to stop unfair terms and conditions. This criteria needs challnging in law through the courts.

2. It is clear that the deposit companies are avoiding taking sufficient time to deal with disputes to ensure they get their profit margins.

3. Can the courts refuse to deal with matters that one takes before them? I have never signed the agreement to accept ADR although I sent in the evidence to MyDeposits. Now I face the prospect of all the damages being disregarded.

I have another court hearing scheduled December which will deal with the outstanding rent and other matters. I wish to challenge the ADR decision as not meeting the criteria of natural justice. I will be asking the court to review my evidence. Any help or tips? Any legal arguments? Any chance of getting RLA assistance as these issues affect all landlords thus a county court decision will help set case law.
01/10/2014 16:45

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