TDS case lost - advice

sawek86

jjlandlord - I do understand your point but I am clear about my points. she will lose if I will take the case to CC. A whole her statement is manipulated
6.5k that she claims is joke why she didn't took the case to CC in the first place? Because she will lose. I talk to my friends and all agree with me in all points.

Just another bit: House was newly decorated in 2005 and you can only image the condition of the house when we move in. We was only people who rented that house ever. Now she throw away all furniture from the house even those in decent condition. As I said already she wants only money to cover refurbishment expenses .

G_M

Clearly it is your choice.

But 32 posts, more or less saying the same thing...... I should be cautious. You may end up worse off than you are now.

sawek86

Guys I will take case to court also I will make complain to ombudsman and TDS . the outcome of that I will post here. thank you for advice so far

DandelionPatrol

sawek86 wrote: »

check in report

Why inflict this on us? We don't need it

You should have done the volumes of paperwork when the case when to TDS

bouicca21 wrote: »

Based on that judgement I don't think you have a hope in hell of getting a judge to reopen the case. Especially as you had an opportunity to submit evidence and did not do so. If you do get the case reopened, you may well find the landlord gets awarded more.

As others have said, get some good legal advice before you take another step.

I am not so sure. You would be right if OP were appealing a judgement of a lower court, but a court should hear the whole of a matter if it has not yet been before any proper court. If the Landlord applies for the money which the TDS would have awarded if the deposit was big enough, I doubt that the court would start by accepting the TDS ruling as a matter of procedure. The whole lot would be arguable.

Sawek, you may find that the Landlord opens a case for the money which the TDS would have awarded. If that happens, you could make a counter claim. But you would have to make a proper job of your claim.

G_M

sawek86 wrote: »

Guys I will take case to court also I will make complain to ombudsman and TDS . the outcome of that I will post here. thank you for advice so far

Best of luck.

Look forward to hearing how you get on.

bouicca21

DandelionPatrol: OP accepted binding arbitration. Arbitrator's report shows he/she considered all the evidence that was submitted. There is no sign of error/partiality on the arbitrator's part. The error is all with OP who did not provide a coherent rebuttal of the landlord's claims or submit evidence to refute those claims.

So on the face of what we know so far, there are no grounds on which to convince a judge to use his/her discretion to overturn the award, because all OP can allege is his/her own failure to mount an adequate defence.

If arbitration awards could be over-ruled so easily, there would be no point in having an arbitration process.

Eejay

It sounds like you didn't put the effort in when needed, so you lost. Maybe you should have put as much effort into convincing them that it was an unreasonable request as you've spent trying to convince the members of this forum...

We disputed with our old LL, they reckoned they deserved £2,000+ so were trying to keep our £800 deposit. I sent off 21 docs as evidence (PDFs of emails, documents about the property etc) and agreed that they could have £355 but that the rest was unreasonable. The dispute person decided to award the LL an extra £150 for carpet cleaning, but we got £295 back. It's all about the evidence - it took us several hours to put it all together but it was worth it

DandelionPatrol

bouicca21 wrote: »

DandelionPatrol: OP accepted binding arbitration. Arbitrator's report shows he/she considered all the evidence that was submitted. There is no sign of error/partiality on the arbitrator's part. The error is all with OP who did not provide a coherent rebuttal of the landlord's claims or submit evidence to refute those claims.

So on the face of what we know so far, there are no grounds on which to convince a judge to use his/her discretion to overturn the award, because all OP can allege is his/her own failure to mount an adequate defence.

If arbitration awards could be over-ruled so easily, there would be no point in having an arbitration process.

But TDS is adjudication, not arbitration, no? Certainly https://www.tds.gb.com/deposit-disputes.html describes the process as adjudication, not arbitration

Post 6 - sawek quotes something which indicates that the matter can be taken to a court. Unless there is anything else which constrains the scope of any appeal to a court, it seems that OP is not bound by the TDS. All that he has accepted seems to be that there is no appeal within the TDS.

Also, the TDS adjudication is limited to the deposit, leaving the LL scope to take the matter to court. To me it is unconscionable that a court would regard a case to reclaim damages in excess of the deposit as a simple case of enforcing a TDS adjudication.

jjlandlord

To add on what bouicca21 wrote:

County courts are indeed not bound by the decision of a deposit scheme's arbitrator.

However, if a judge learns that a case went to arbitration and that arbitrators, who are supposed to be experts in the field (a county court judge is not), came to a certain decision, I think that he is bound take the arbitrators' decision into account and to ask two questions to the claimant:
1. Is he presenting any new evidence?
2. Why does he think county court should reach a more correct decision than presumed experts?

Again, it should be noted that in this case the arbitrators agreed to award more than the deposit but couldn't as they are only there to decide who should get the deposit.

DandelionPatrol

jjlandlord wrote: »

To add on what bouicca21 wrote:

County courts are indeed not bound by the decision of a deposit scheme's arbitrator.

However, if a judge learns that a case went to arbitration and that arbitrators, who are supposed to be experts in the field (a county court judge is not), came to a certain decision, I think that he is bound take the arbitrators' decision into account and to ask two questions to the claimant:
1. Is he presenting any new evidence?
2. Why does he think county court should reach a more correct decision than presumed experts?

Again, it should be noted that in this case the arbitrators agreed to award more than the deposit but couldn't as they are only there to decide who should get the deposit.

It is adjudication, not arbitration.

AFAICS, an adjudication is strong - but not compelling - evidence for whomever it favours. In that sense the judge is bound to take it into account if presented. But if the judge were to ask question 2 above, he would be conceding jurisdiction outside the court system, which just does not seem natural.

I cannot see that an adjudication prevents anyone dissatisfied with the outcome from presenting his case de-novo