BIG problems with Deposit & Inventory

chappers

You do realise that you don't have to agree to the TDS arbitration , you can just take the case to court.You will have to inform the TDS of your actions and they are legally obliged to hold it until ordered by the court.
You can have the ruling of the arbitrators overturned, but would have to go to court. Have a look on landlordzone there is quite a bit about arbitration on there.

I am not sure but would have thought that the arbitrators findings would be acted upon as follows.

The arbitrators find that

1)The damage is greater than the deposit-the LL get sto keep the deposit and has to take you to court for the rest

2)The damage is less than the deposit-The deposit is split accordingly between tenants and LL

3)there is no damage-the deposit is returned to the tenant

I would send your unsigned inventory, I would have thought that without an unsigned inventory the LL doesn't have a leg to stand on.

B123_2

Unfortunately, at the moment we can not afford to take this issue to court. We understand that if the LL/agents disagree with going through TDS, it is likely that they will raise it as a court matter. Despite scrapping by, we do not qualify for legal aid..so it is going to be pricey.

Shelter have advised me that I may wish to either take this through the TDS, or if they are not able to resolve the dispute, we could use an alternative ADR. Does this mean if I apply to the TDS, and they say they are not able to look into it I can THEN try to arrange another ADR?

I would rather go through the TDS to begin with as everything is set up for deposits with them, but I guess another ADR would deal with the whole sum? They gave me links to the Ministry of Justice website, but it seems so bloody confusing.

I have attempted to fill in the TDS2 Notification of Dispute form, but as the amount they claim is more than the deposit I don't know what to put where...Has anyone else had to go through a scheme to dispute, and the LL are claiming more than the deposit? How was it dealt with?