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DPS adjudication to resolve disputed bond


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Deposit is registered at DPS as disputed. Cost to me to restore the house more than double the bond. Tenants of 18months agree to pay small fraction on basis that there was no inventory so I can't prove the damage was theirs. Previous tenant had bond returned in full as the house was pristine.

I have bought invoices for items ruined and also for replacing them. Also photos.

Do I go with the DPS or Small Claims Court? I have heard that DPS process is biased towards tenants.

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No inventory = no chance at DPS is my understanding.

Even with one there is limited success with values being reduced due to ageing.

If you can reasonably demonstrate unpaid rents then having that deducted from the deposit is more likely.

You will still need a good case at Small Claims and you run the risk of putting considerable effort toward trying.

The biggest question is is there a likelihood of them having ability to pay any successful claim, will you just end up spending the court costs for no return ? Is there a G'tor to include in the claim.

This all assumes they defend of course. Remember they more often have the assistance of the helpful agencies to not just assist but also create a defence.

My experience is that often it's more beneficial to swear some, kick the curried cat and just get on with making good.

Sorry for seeming negative but welcome to the forum.

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You need to change the way you do things.....you will need ......for the future

* A home owning guarantor.

* Rent guarantee insurance.

* A professional inventory.

* A proper check in & check out.

* Regular 3 monthly inspections and 'fix it' instructions to the tenants.

* A detailed tenant specification......and you will need to stick to it.

* Move your target tenant 'up market'.....less chance of a problem.

* Be VERY, VERY picky when choosing tenants.

* If you use agents ensure they are pro-activen, experienced, qualified and knowledgeabe.

You can choose to ignore this advice and increase your risk of problems.....its your call.

Good luck.

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