TDS case lost - advice

jjlandlord

DandelionPatrol wrote: »

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.

No, he would be enquiring as to the reasons of being in front of him.

Edit:
In fact, there is nothing un-natural in acknowledging that an ADR's decision is binding and thus has some jurisdiction. That's the reason it exists.

DandelionPatrol

jjlandlord wrote: »

No, he would be enquiring as to the reasons of being in front of him.

If the claimant has completed the claim papers correctly, the judge should know why it is before him.

The question you pose is one of process rather than related to the substance of the dispute. CPR's may in effect mandate TDS adjudication as part of the pre action protocol. If TDS adjudication is not used first, I can imagine a judge asking why not.

But if it has been used, the question you suggest could be applied in each and every case in the form "Why does he think county court should reach a more correct decision than the pre-action protocol?"

Edit:

Edit:
In fact, there is nothing un-natural in acknowledging that an ADR's decision is binding and thus has some jurisdiction. That's the reason it exists.

But the schemes themselves concede that the outcome can be challenged in a court of law

jjlandlord

DandelionPatrol wrote: »

But if it has been used, the question you suggest could be applied in each and every case in the form "Why does he think county court should reach a more correct decision than the pre-action protocol?"

Which is reasonable if ADR was used.

FBaby

There is no doubt that a case can be taken to court regardless of whether it's gone to adjudication. In OP's case though, the reasons why he didn't get a positive outcome through adjudications are likely to mean that he wouldn't be more successful in court, unless he seeks advice.

The decision seems to have gone against OP either because they were not able to refute the evidence put forward by the LL (and my understanding is that this should have been shared with them for comment before going to the adjudicator) and from the way they have communicated here, I don't think they have the skills to do so, or, they are wrong and regardless of the evidence they could have submitted, the landlord did have a strong case.

The adjudication process is clear: it is the responsibility of the LL to make a case that funds should be withdrawn, not the responsibility of the tenant to make a case as to why they should get their money back. The Deposit Service makes it clear that from their perspective, the deposit belongs to the tenant and the default is them getting it back. So it's not about a tenant proving they have done nothing wrong, but disproving what the LL is claiming.

sawek86

FBaby - Your last bit is a key in my case that's why I'm not worried much about future claim.
Tomorrow I will start drawing my claim form.

DaftyDuck

I think it's the middle bit of Fbaby's post that is key to your problem, and why you will lose further, and further lose, by taking it to Court

sawek86

I never said that I have a proper skills or knowledge to win any case but in my opinion I have far enough evidence on hand to beat up LL. My bad is that I have tried to be clever.

My worries are based on language barrier and small experience with CC(only one behind but at least won)

Equinox85

I think Sawek you should have made the effort to actually go through the claim process. I have just used the TDS as the landlord wanted £600 we managed to get it down to £275 which is still more than what I think was justified however was much better than what we were orginally facing.

Reason why it was lowered was because we had all the emails and evidence to support our case and we bothered to spend several hours doing the online form. Yes it was Tedious but £325 saving for a couple of hours is more than worth it.

I think the way you're coming across is that it is either your way or no way. Which isn't going to help you. You should have put this much effort into the TDS Case while it was open.

Good luck with the court procedures however I feel this could backfire on you!

dannim12345

OP it seems like you 'lost' to your landlord as you did not defend yourself well at all and provided little or no evidence to disprove what your LL was saying - This was not the fault of the TDS or the arbitrator.

No way of knowing how this will work out if you take it to court - but you should of put this time & effort into the case in the first place. New evidence may help you or being unrestricted by the deposit amount might help your LL...

sawek86

I have made a complaint to TDS:

I would like to make a complaint as the adjudicator made a couple of errors which has crucial impact on the outcome reached in an adjudication.

We move into the property in April 2013 and move out in April 2015. We have never been issued with the inventory check in report during the tenancy. The inventory check in report has been issued on my request and I have received on 6th May 2015. It was CD with pictures and report written on.
The inventory check out report has been issued and again on our request on 28th April 2015 and on 30th April 2015 CD with pictures in addition to the report. The same day on 30th April I have emailed to Landlord's Agent that I disagree with check out report findings however their response was:

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
Jag

Now I would like to refer to AST:

AST 4.4.11 Check the inventory and report any errors/deficiencies to the Landlord's Agents, returning a copy with any correction/annotation as neccesarry within 7 days.

Landlord' Agent by saying that prevent us from complying with above AST in respect to both inventory reports. Landlord's Agent failed in their duty of care their client to ensure they comply with AST.
As you can see that fact has been omitted entirely by TDS Adjudicator.

It is important that a proper inventory reports are prepared and signed and chance to Tenants to challenge the inventory reports on top of that is given. We have never been given chance challenge any of the reports. They never been even sent on time to us.

Having that all in mind, those inventory reports are invalid and cannot be assumed as binding documents. In other words those inventory reports cannot be taken as evidence in the case. In that case TDS Adjudicator made mistake.

Also TDS Adjudicator entirely omit my last point of the statement:

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

Where in situation where the inventory reports would be assumed as binding documents, the Adjudicator should come back to me so I could respond to Landlord claims point after point. Instead of doing that, the Adjudicator made the final decision which is unfair.

I looking to recover my full deposit back as soon as it possible.

I looking to hear form you as soon as it possible.

Best Regards,