TDS case lost - advice

sawek86

And their response:

Dear

Thank you for your email below dated 8th June 2015.

I have carefully read through the background correspondence relating to your complaint and considered whether the way your dispute was handled by TDS dealt with matters in line with our procedures and the decision was consistent with our Scheme Rules. I am satisfied that this dispute was thoroughly and properly considered and that the judgement was made in good faith, with a good understanding of the evidence presented.

It is important for your to understand and to appreciate that the purpose of the tenancy deposit scheme is to provide an informal method for dealing with tenancy deposit disputes. Alternative Dispute Resolution (ADR) is an alternative way of resolving disputes, other than by using the traditional route of the Courts. It is not intended to replace the Courts and is different from a full Court trial. Instead, it is intended to resolve the issue(s) in a proportionate manner.

The adjudicator correctly says ’frequently check-in and check-out reports are not signed by the parties’. Whilst the adjudicators are contractually bound to be appropriately qualified and have the skills necessary to make fair and reasoned decisions, they are not investigative or forensic in their review. This means evidence is taken as face value. For the avoidance of doubt, evidence is not tested as robustly as the Courts.

The adjudicator can only work with the information submitted. They know nothing about the dispute except what the parties send in. Adjudicators will not contact landlords or tenants to ask them for missing information. Decisions made by TDS are reached by an examination of documentary evidence and are based on the original information submitted to us by the parties and it is not possible to consider further evidence once we have completed the adjudication. I am not able to uphold a complaint on the basis that you simply disagree with the adjudicator’s decision or the adjudicator’s interpretation of the evidence presented. I must stress that the adjudicator, in making an award, comes to a conclusion in light of a considered judgement based on experience and the best available evidence.

I have carefully considered the review of your complaint about the outcome of this case. My review did not find your complaint to be justified as it found nothing to suggest the adjudicator failed to exercise fair judgement based on the evidence presented. I appreciate this response may not be what you were hoping and I am sorry if you are disappointed. You have now exhausted the TDS complaints procedure and I am afraid I cannot help you further and this letter brings our correspondence to a close.


Kind Regards

sawek86

For me, its sounds that nobody even try to read what I have to say. My defence line is not only about "not sign inventory reports"(this is not even so important in my view) but also a few other things that should be cosidered and taken into account but they are not.

Any suggestions? Reg

mrginge

What more advice are you looking for?
The TDS have ruled against you and your subsequent appeal has been dismissed. They have now basically told you to do one.
Either take the LL to court (and lose again) or suck it up.

Nobbie1967

Chalk it up to experience and next time you use the ADR, present all the evidence you have. Your only other option is court, but I don't fancy your chances much there.

Pixie5740

Have you ever seen the Monty Python "Dead Parrot" sketch?

The ship has sailed. The LL clearly had sufficient evidence to convince TDS that there was enough damage to the property to warrant awarding the full deposit to the LL.

Reading your earlier posts I think your defense to TDS focused on things that were irrelevant to the deposit such as documents being signed and inspections not being carried out.

If you find yourself in this situation again be succinct with your answers and focus on the reasons for the deductions rather than anything else.

laidbackgjr

sawek86 wrote: »

For me, its sounds that nobody even try to read what I have to say. My defence line is not only about "not sign inventory reports"(this is not even so important in my view) but also a few other things that should be cosidered and taken into account but they are not.

Any suggestions? Reg

How did you provide evidence to the TDS that the inventory wasn't provided at the start of the tenancy?

How did you provided evidence to the TDS that you had reported all the errors in the check out inventory?

That's the key - the TDS decision is based on evidence - what evidence did you supply (e.g. post marks from envelopes / date stamps from e-mails).

sawek86

I fully agree that my first response to LL claim was as good as it should be but I was trying to explain that LL/EA didn't complaint with AST and their reports connot be valid. Nevermind I was wrong.

Laidbackjgr

Check in report was made but I have never received or even seen it until on my request has been provided 3 weeks after we left the property.

My email to EA saying that I disagree with check out report:

Dear Jag,

Please let me know when CD from check in will be available to collect from your office.

Second thing is that photos has been taken 1 - 2 hours after inventory check out completion. Inventory check out has been completed at about 11:30. Photos has been taken between 12:30 and 13:30 without my presence!

Third thing is that I have to disagree with your inventory check out report, not all but vast majority I have to disagree with.
Also I have found that some damage to the property has been done after I left the house! In some cases report claims that we have made damage where in fact the damage was made before we move in! In some cases issues ie. damp has been reported and nothing has been done with it AND report still blame us and so on...

Prove? No problem we took many photos before we move in and just before we move out.

In that case the best way will be if take your/LL disputes to TDS or straight to the CC.

I looking to hear from you as soon as it possible


Best Regards,

PS. Now my point of view with regards to TDS is that you can submit even fake/made up evidence and they still will consider it as evidence for sure.

laidbackgjr

And did you send a copy of that e-mail and your own photos that show the property to have been left to a better standard than the inventory is claiming to TDS to assist with their adjudication?

sawek86

Yes, all emails has been submitted however I have never mention about your last bit in TDS claim. But I will bring it to the table when CC take my case.

DTDfanBoy

If you are to have any chance of winning in court you are going to have to present your facts much better than you have done on here.

There are a number of inconsistencies in what you have stated, and you have also made some claims which on the balance of probabilities most people would be unlikely to believe

sawek86 wrote: »

LL done cleaning 2 weeks before we move in and when we move in a whole house was dirty again

Keep in mind that if the magistrate catches you telling a half truth it will be very hard for you to recover from that position

Also keep in mind that the LL is likely to counter claim, and the TDS already made it fairly clear that they believe the LL was entitled to more than they could award.