DPS - not fair to landlords?

Tenancy Deposits

I've recently had a long drawn out eviction of a tenant - going all the way to bailiffs (though with the tenant leaving the night before).

I realised that the letting agent had put the deposit in DPS rather than sending it to me.  In previous lettings they have done for me they have always sent me the deposit and I have used My Deposits' insurance scheme.  Now they claim that they aren't allowed to do that.

With five months of arrears, court costs and some property cleaning and repairs to be done, I'd hoped that it would be a simple process of getting hold of the deposit - but OH NO!!

Unlike MyDeposits, where the landlord just notifies the tenant and the scheme of the retention and it is up to the tenant to contest it, with DPS, the tenant is firmly in the driving seat.

The tenant has requested their £668 deposit back.  I have submitted a claim for £400 for cleaning (including shampooing carpets), £100 for minor repairs and £100 for disposal of tenant possessions with the remaining £68 going towards the £3500+ owed in rent and court fees.

So far the tenant has not responded to my claim.  

If he doesn't after 14 days, I then have to go to the expense of getting a Statutory Declaration witnessed by a solicitor.  This on top of all the court costs of the eviction.  All to get money that the AST clearly entitles me to because of the rent arrears.  I have a Possession and Money Order from the court, but I still have to jump through another expensive hoop to get what I am entitled to under the contract and the law.

It seems so one-sided and unfair - to the point where, if it weren't for all the stress I'm under already, I'd be lodging a legal challenge that the DPS scheme unfairly discriminates against landlords in that they have to pay to get hold of the deposit, whereas the tenant does not. 

Whatever happened to equity in law??

Has anyone ever managed to get their deposit back without a statutory declaration when the tenant is non-responsive?

Is this something that NRLA should be addressing on behalf of landlords?