TDS Evidence: Online Evidence Portal question

Mooneyd

TDS guidelines;
All documents you send to TDS including part 3 of the Dispute Application Form will be made available for
the parties to the dispute to see via the Online Evidence Portal.
• It is your responsibility to make sure that you do not send us evidence which you do not want the other parties to the dispute to see.
• This does not include the information given in Parts 1 and 2 of the Dispute Application Form

I am about to enter into a dispute and while I was filling out the forms I came across the bullet points above. This question is specifically aimed at people who have been through the TDS dispute process:

once I submit my case, and the LL/LA are notified, will they be able to see my evidence against them before they submit their own case?

I'd prefer they didn't but just curious to know.

Thanks

Tjrw1985

Yes they can.

They are entitled to see it, just like if you went to court, they would see your evidence.

Mooneyd

Thought so.

Not ideal, I guess I'll let them raise the TDS case and then respond accordingly.

thanks

Guest101

Surely if there's a dispute, the onus is on the LL/LA to prove the money is theirs. Bit confused, so perhaps a little background information

Remember this is your money by default, and they must prove the case.

Mooneyd

There's a dispute but the LA/LL are dragging their heels as far as final deductions are concerned. We moved out over a month ago, we are having to take the bull by the horns here to get our money back.

benjus

Have you tried offering a settlement in writing?

I sent a written offer for a MUCH lower amount than the landlord wanted to claim. It was initially ignored. However, as soon as I submitted a TDS claim (I enclosed tenancy agreements, inventories, photos, copies of correspondence and a detailed account of why I believed the offer was fair, the landlord suddenly decided to accept it rather than go through TDS adjudication.

Guest101

Mooneyd wrote: »

There's a dispute but the LA/LL are dragging their heels as far as final deductions are concerned. We moved out over a month ago, we are having to take the bull by the horns here to get our money back.

You need to check how long the dispute can go on for, as there is a length of time in which to submit evidence. Usually it's around 14 days, so a month, the TDS should have taken action by now really.

What can you actually prove, just so we know if its worth submitting in advance?

Mooneyd

Not yet - as of today we are still waiting to find out exactly how much they want to deduct. When/IF I ever get the proposed final deduction amount we will make a counter offer.

Mooneyd

Guest101 wrote: »

You need to check how long the dispute can go on for, as there is a length of time in which to submit evidence. Usually it's around 14 days, so a month, the TDS should have taken action by now really.

What can you actually prove, just so we know if its worth submitting in advance?

Our 'check in' was a farce, as is the company who was tasked with it (its a one man band). We never signed it and our case is built around the integrity of the report and the professionalism of the company who undertook it. We have lots of correspondence detailing issues we had with the property that the check in missed or stated was 'clean - good condition'. We were never provided an updated document so refused to sign the original. TDS guidelines state that the LL has to explain why we never signed it (he'll blame the LA).

Guest101

Mooneyd wrote: »

Our 'check in' was a farce, as is the company who was tasked with it (its a one man band). We never signed it and our case is built around the integrity of the report and the professionalism of the company who undertook it. We have lots of correspondence detailing issues we had with the property that the check in missed or stated was 'clean - good condition'. We were never provided an updated document so refused to sign the original. TDS guidelines state that the LL has to explain why we never signed it (he'll blame the LA).

HA, you never signed it. Quids in!

The property was in that state when you moved in, you reported this to the LL, and provided your own inventory to him. You did not sign this inventory as it did not accurately describe the state of the property.

Job done.

bouicca21

I assume that if there is a dispute about whether all or part of the deposit is to be refunded you have been given a reason? Ergo your evidence has to be to refute that reason. When I was in a dispute part of my evidence was my letter requesting the return of the deposit and the LL's refusal to give an adequate reason for keeping it.

I uploaded absolutely everything (including earlier correspondence about his failure to protect it, showing that I had had to force him to do so) so that my case was totally transparent. I won.