Urgent - Dealing with a Break In and Surrendered Tenancy

sharpee

What are they claiming for and what evidence to they have to support their claim?

SuzieSue

Elle7 wrote: »

Scratch that, they've claimed the full amount.

I have to register my side now. Any advice on what to put?

Don't they have to tell you what they are claiming for? Otherwise, how can you defend yourself?

Elle7

Do I need to defend any of that, or can I just say that they are out of time?

I think that is why they have not started a dispute themselves - because they themselves mentioned in a letter that they needed to respond over 10 days ago, and failed to do so.

newsgroup_monkey

Odd question, but what is going on with the Police? Have you told them to drop the charges or something?

I think the LA knows that if you dispute it (which I think you'll have to), it will take an awfully long time.

EDIT: Also, whilst contractually it may say that they have to give it back within x amount of days, I'm not convinced that would stand up in law. I thought there was a legal time limit of 30 days or something?

Elle7

Proceedings with the police are ongoing. I've given a statement, and so has the officer who sat with me.

We were waiting until the deposit had to be returned (ie 10 days after I asked for it) so that they didn't withhold it out of spite, but it seems that they've done that anyway.

Lucy_Lastic

I've been away for a few days, just popped back to see what's happened and there's nowt since 21 March.

Elle - is there an update?

Elle7

Well, I lost.

I'm gutted.

The adjudicator noted that we surrendered the agreement, and the landlord was notified and appeared to accept this...

But then goes on to say that I needed to give 2 months notice, and although notice was given in January, it had not ended before I left in February. Although notice isn't required for an agreed surrender?

They also say that new tenants have moved in but that as no date is evidenced by either party, rent will be paid up until a 'middle period' between our claims. So they got just over a months' rent.

Then cleaning (they state it needed to be done, I submitted receipts and statements from our cleaning company, this was not acknowledged) they got half costs for, and money towards the check-out inventory that we never witnessed or saw.

Everything else failed, but it means I get a few quid back, nothing else. I'm utterly heart-broken.`

jazabelle

I'm so sorry. . I can't believe they just ignored evidence.

G_M

Does anyoneknow if one can still go to Small Claims Court after a Deposit Scheme adjudication?

Or does consenting to use the scheme remove your right to SCC?

I believe you can, but no direct experience.

Hope police are pressing charges.

princeofpounds

Yes you can challenge it though court, and in my opinion you should (assuming your evidence of agreeing surrender is good - I haven't read the whole thread).

http://www.tds.gb.com/resources/files/A-guide-to-deposits-disputes-and-damages.pdf


The unfortunate thing is that whilst the adjudicators are generally very fair and good on things like physical damages, they are not trained judges by any means, not even lawyers, and they cannot always be relied upon to get things like this right (because they do not know about all aspects of tenancy law).

One other thing you might want to try - I have had past experience on here helping someone who got the 'wrong' decision out of the dispute arbitration process. PM me if you want their username.

You can't appeal but there certainly was a complaint process at the time. Their complaint succeeded and they got compensation from the ADR service.

This was the initial suggestion I gave to them. They did the legwork:

Have just been reading the guidance on complaints.

It's critical that you make it clear that you are not complaining about the decision because you did not agree with it, but because you believe the decision was wrong in law (which is listed as a valid ground for complaint on page 1 of 'Complaining about the way TDS handled your case').

You also need to specify what you think the right remedy is. Asking for the money to be restored to you and for the adjudicators to receive appropriate training on Statutory Periodic tenancies would probably be a good place to start.

Specifically request a review by the head of adjudication.

Relevant document here, not sure if it's up-to-date:

http://www.thedisputeservice.co.uk/resources/files/14810%20Complaining-about-how-TDS-handled-your-case-PLC-May-11.pdf