TDS case lost - advice

sawek86

Hi I'm new here,

I lost my TDS case in last few days and I need to appeal to CC however I cannot find any information about procedures or at least which form I need to use to appeal to TDS decision. I phoned TDS and they wasn't helpful at all. Also uncle Google wasn't helpful really. Please help. Reg

Guest101

Ahem.

You need to state clearly if your LL or Tenant, and on what grounds you lost and are going to court...

bouicca21

I thought by accepting the arbitration service offered by TDS, you forfeited the right to go to court. That is why it is important to gather every last scrap of evidence when you submit your case.

sawek86

My english is so bad so please forgive me:D

I'm a tenant.
LL dispute is really massive. She claimed 6,5k for damage, cleaning and redecoration.
There is quite a lot to explain to understand but she is completely wrong and all she wants is my money. I can easily respond to LL claims point after point and win it but I believe that this is waste of time thus my response to her claim was:

We went through Mrs ..... submitted dispute and we are really unsure if she is saying about the same property at xxxxx Close or not? LL claims that we have ruined her beautiful house and bringing the condition back to its original condition will cost a lot of money and far exceed the value of deposit...Really?This can't be serious.


We will point out our issues:



We strongly disagree with LL dispute.

Both check in and check our reports have been made by the same Clerk.

During the tenancy at xxxxx Close a periodic inspection never took place. Do we really need to remind the importance of that kind of inspection?

The first official deposit dispute was received on 20st April 2015, this was 8 days before any of the inventory reports has been issued to us. Please see attachment: Emails - 20-04-2015

On our request we were issued with the inventory check in report on Wednesday, 6th May 2015(I had to go to L.... EA office to get CD disc with report and photos on it) and as far as we remember never before. The report was never signed by ourself, LL or the Inventory Clerk. We have never been even asked to check or sign. Please see attachment: Emails - 28-04-2015

The inventory check in report does not reflect the real condition of the property in 2013 compared with the photos in any way.

We have never been given a chance to challenge the inventory report at any time.

Now having the inventory check in report on hand, we strongly disagree with it findings.

Having that in mind, this report cannot be assumed to be a binding document.

The inventory check out report was emailed to us on 28th April 2015, and CD disc with report and photo on it was collected from L...EA office on 30th April 2015. Please see attachment: Emails - 28-04-2015

The same day we have reported to Lawlors EA that we disagree with the vast majority of the inventory check out report findings. They have replied to us that they do not deal with our dispute. And again, we have not been given any chance to challange the inventory check out report. Please see attachment: Emails - 28-04-2015

The inventory check out report has never been accepted and/or signed by ourselves, LL or the Inventory Clerk. We have never even been asked to check or sign.

Having that in mind, this report cannot be assumed as binding document.

However this report is a fair representation of the condition of the property as it was first rented to us. We have taken good care of the property and its contents. As new tenants we were not given the opportunity to check and sign an incoming inventory and condition reports. Without a signed incoming inventory and condition reports it is not lawful to withhold of any amount of my retained deposit.

We request for our deposit to stop being withheld and to be paid back at the earliest possible stage.

However if for some reasons both inventory reports will be assumed as binding documents than we will respond to Mrs D.... claims point after point.

The TDS adjudicator disagreed with my findings and based on LL statement granted her full deposit.

My points are clear. the inventory reports has been made badly especially the check in one. check in report doesn't reflect the real condition of the property compared to photos in any way. Both reports we have received two week after we left the property.

AST 4.4.11 check the inventory and report any errors to estate agent within 7 days

Immediately I have reported to estate agents that I disagree with it findings but they responded that they don't deal with my dispute.

Anyway I'm going to court and this time I will handle the case properly.

G_M

You agreed to arbitration and unfortunately that means you cannot go to court.

You have not really explained
* what damage, loss, cleaning etc the LL claimed
* which elements you contested and why
* what evidence you submitted

Hence the arbitrators accepted the LL's claim I imagine.

sawek86

I think you are wrong

In agreeing to refer the dispute to TDS you agreed to be bound by the Adjudicator's decision. This
decision cannot be appealed except by applying to the Court. Should you choose to do this we
recommend that you seek independent legal advice. Please note there are strict time limits involved and
any costs incurred are likely to be significant.

bouicca21

But responding point by point was what you needed to do - with evidence to back up your statements.

When I was in dispute with my LL, I submitted absolutely everything I could think of in the way of evidence, email exchanges, photos of when I took the place, photos of it when I left, proof of lack of inventory, even the guy's card to prove that he told me to use a particular email address. There was a ton of stuff, uploading it was tedious, and I wasn't sure whether it was overkill, but I reckoned that I had to prove each and every statement I made, and it was very clear that I had only had one opportunity to do so.

I won.

PS I think you will find that it is at the discretion of the court to hear your case and you would have to have very good grounds to convince a judge that you should have a second bite.

G_M

Ah! Maybe it's landlords.

Then go to court. But in that case

1) make sure you know exactly what each item is that the LL is claiming needed repair, replacement, cleaning etc as well as what cost he is claiming for each item

2) make sure your claim deals with each and every item above, whether by stating it was not broken, missing, dirty, or by stating the amount he has claimed is excessive.

sawek86

bouicca21 I thought that my simple response will be enough but I was wrong

sawek86

G_M please let me know which form I need to use at CC to appeal to TDS decision?

sawek86

bouicca21 you said 'There was a ton of stuff in your case'and I have the same, that's why I doesn't want to go through a whole case. It could easily take me a few days to submit my response.

This time I will not make mistake.