TDS case lost - advice

FBaby

You can't appeal a decision, you can only complain if you think that the adjudicator has failed to follow appropriate procedures to reach the decision.

From what you have written, you don't seem to argue that there has been a failure in the way they have considered your case, you just don't agree with their decision. You will get nowhere trying to get them to reconsider it on this basis.

FBaby

sawek86 wrote: »

TDS says that we should raise any issues that we had with check in report immediately but we have received check in report in May 2015, don't you think that estate agent should post it soon after we move in Apr 2013 so we could be able deal with it findings ?

BTW check in took 15min without LL and check out took nearly 2h with LL on board

Maybe the EA failed to send it, but that's not the fault of the LL. Why didn't you request it yourself when you moved in? It was also your responsibility to protect your rights by making sure you had it. A check-in inventory intends to protect both parties.

Guest101

sawek86 wrote: »

With regards to not signed reports. My point is that I have reported errors and estate agent refused to deal with my dispute. estate agents should deal with my issues according to AST. They breach the AST.

The agent cannot breach the contract, they are not party to it.

sawek86

FBaby - I have just forget about it. Just in case I had my own pictures to prove.
Guest101 - AST says that I need to raise any issues to EA but they refused to deal with my dispute

Guest101

FBaby wrote: »

Maybe the EA failed to send it, but that's not the fault of the LL. Why didn't you request it yourself when you moved in? It was also your responsibility to protect your rights by making sure you had it. A check-in inventory intends to protect both parties.

Actually it is the fault of the LL. They are his or her agents.

Guest101

sawek86 wrote: »

FBaby - I have just forget about it. Just in case I had my own pictures to prove.
Guest101 - AST says that I need to raise any issues to EA but they refused to deal with my dispute

The contract can say to raise issues with me, or the queen! But it is between you and the LL.

Should always be sent to the LL as well as the agent. Certainly after the first mistakes.

sawek86

Guest101 - we always has to talk to EA as they are her agents.

Guest101

sawek86 wrote: »

Guest101 - we always has to talk to EA as they are her agents.

Did you write to them? Keep proof?

sawek86

I always keep all records.
I wrote to EA immediately after check out report has been issue to us. but they said:

Hi,

Writing further to your email below.

Just to inform you we do not deal with the below dispute. The inventory is done by an independent adjudicator.

Regards

jjlandlord

You said your landlord claimed £6.5k. TDS awarded £1200. Therefore you you did not really 'lose'.

If you go to court, you will need to pay fees and perhaps seek legal advice and representation (from what you wrote you do not seem knowledgeable at all in these matters) and your landlord will likely counterclaim for the full £6.5k she was initially claiming.

She will also have the TDS decision to back the fact that at least £1200 is a fair amount.
I note that the TDS was prepared to award your landlord even more than that but could not because they cannot award more than the deposit.
Thus your landlord might also be considering going to court to get an additional award against you.

I think you should perhaps come to the conclusion that your landlord is indeed entitled to compensation and move on.