Disagree with TDS

Mooneyd

So we are in dispute with our LL & Agents over the amount of deposit they wish to keep. It runs into the £1000's and completely unjustified. We were sent a 'check in' at the start of the tenancy but never signed it, it wasn't fit for purpose and we questioned both the documents integrity alongside the professionalism of the company that carried it out (I suspect there is a 'mutually beneficial' relationship between the Agents and this company).

Basically it looks like we are going to the ICE. Our deposit sits in the TDS scheme.

What if we disagree with the ICE's final decision? Can we challenge it, freeze the payment and then move onto the small claims court?

evanjonesaber

https://www.tds.gb.com/resources/files/2013/A%20guide%20to%20deposits%20disputes%20and%20damages.pdf

The last line is the important one, on the last page.

If you agree to adjudication then remember that you cannot appeal against the final decision unless you challenge it through the courts.

Apparently the percentage of TDS cases overturned by a court is less than 1% though...I can't remember where I read that though so I have no evidence for this.

princeofpounds

If it's on a point of judgment, you have no chance of appeal. If it's on a point of law, you might be able to get the case reviewed (someone I helped did this successfully but it appears some schemes are more open to this than others).

I think you can still go to court, but you'd have to have exceptionally good reasons for a judge to overturn an independent arbitration.

Mooneyd

Obviously we would challenge it on a point of judgement. Why should be pay for the Agents negligence? This is what I'm concerned about, they picked the scheme the deposit went into and would be more 'familiar' with the TDS processes and possibly even the arbiters themselves.

Without a signed 'check in' I suspect we have the stronger argument. The thing is, we don't want to give them a single penny as they are clearly trying to abuse our hefty deposit. If the ICE does offer the LL compensation we will want to challenge it and claim it back!

p00hsticks

Mooneyd wrote: »

We were sent a 'check in' at the start of the tenancy but never signed it, it wasn't fit for purpose and we questioned both the documents integrity alongside the professionalism of the company that carried it out (I suspect there is a 'mutually beneficial' relationship between the Agents and this company).

Did you explain in writing at the time why you weren't prepared to sign it ?

Mooneyd

p00hsticks wrote: »

Did you explain in writing at the time why you weren't prepared to sign it ?

No. We were too busy trying to get them to sort out all the problems we were having and it was forgot about by all parties. Example: things that the check in claims were 'clean and in good condition' had to be replaced immediately when we moved in as they were rotten and stinking the place out.

evanjonesaber

Mooneyd wrote: »

So we are in dispute with our LL & Agents over the amount of deposit they wish to keep. It runs into the £1000's and completely unjustified. We were sent a 'check in' at the start of the tenancy but never signed it, it wasn't fit for purpose and we questioned both the documents integrity alongside the professionalism of the company that carried it out (I suspect there is a 'mutually beneficial' relationship between the Agents and this company).

Basically it looks like we are going to the ICE. Our deposit sits in the TDS scheme.

What if we disagree with the ICE's final decision? Can we challenge it, freeze the payment and then move onto the small claims court?

There is no such thing as a mutually beneficial relationship between a lettings agency and the check in company. I should know, I work for lettings agency!

You say you didnt sign the check in - what you should have done (and this should have been explained to you...I'm not saying it was, but it should have been) is to make your notes of what you disagree with on the check in document, along with anything you see that you think needs rectification in the property, and return THAT document signed. You have a legal right to do this.

laidbackgjr

Mooneyd wrote: »

No. We were too busy trying to get them to sort out all the problems we were having and it was forgot about by all parties. Example: things that the check in claims were 'clean and in good condition' had to be replaced immediately when we moved in as they were rotten and stinking the place out.

The problem here is that by not disputing the check in in writing, in contract law you are deemed to have accepted it, TDS will request evidence from you that you did not agree with the check in inventory and the steps you took to notify the LL about the errors.

Mooneyd

evanjonesaber wrote: »

There is no such thing as a mutually beneficial relationship between a lettings agency and the check in company. I should know, I work for lettings agency!

I disagree!

laidbackgjr wrote: »

The problem here is that by not disputing the check in in writing, in contract law you are deemed to have accepted it, TDS will request evidence from you that you did not agree with the check in inventory and the steps you took to notify the LL about the errors.

Not sure about this. The TDS guidelines state the LL must explain why the check in was not signed. I suspect he/she thought it would be considering they pay Agents to sort that out. Just because somebody sends me something doesnt mean I have to accept it.

Tjrw1985

evanjonesaber wrote: »

There is no such thing as a mutually beneficial relationship between a lettings agency and the check in company. I should know, I work for lettings agency!

You say you didnt sign the check in - what you should have done (and this should have been explained to you...I'm not saying it was, but it should have been) is to make your notes of what you disagree with on the check in document, along with anything you see that you think needs rectification in the property, and return THAT document signed. You have a legal right to do this.

Absolute bull!!!

I successfully challenged a check out inventory as they used one of their "best mates" to do this. How did we find out, "social media" as the check out clerk had been recommending the agency to her friends etc.

I have no time of day for some rogue lettings agents.

Anyway, back on point, by not returning the inventory they are deemed to have accepted it.

Not a lot of info in the OP though - What are they trying to deduct from you? and what for?

Mooneyd

There's a list of things as long as my arm. Example: I asked for an 'end of tenancy clean' quote from the Agents recommended cleaner (a one man band might I add) - they came back with an absurd cost of £500. We got a professional cleaning company to carry out an end of tenancy clean for £200 including carpets. They spent an entire day in the property and the place was spotless. LL/Agents now want an additional £300 for further cleaning. We have the invoice as proof it was professional cleaned but its clear they are chancing their arm - the *unsigned* check out (carried out by the same check in individual!) states the place was cleaned to a 'domestic' standard. Nonsense! It's annoying more than anything.

Anyway, looks like we have to adhere to the ICE's final judgement.