Deposit Scheme Adjudication

wildheart83

I moved out of a property a while ago and the LL/LA have claimed for damage caused. I disputed it, and submitted an electronic copy of the inventory showing the damaged item in question (photo dated prior to my lease starting) and also an email to the LA detailing the damage.
It went to adjudication and they've sided in part with the LL/LA over the damage.
Is it worth me taking to a review, or do I just go to small claims over this? Does anyone have any experience of going to review, or advice they could give?
I wouldn't be so annoyed if I had caused the damage but I know I didn't, and thought I had shown enough to prove it.

fallin123

I asked for a review of my case, it was rejected but there seems to be some mistakes in their response. (They note the absence of a invoice for professional cleaning despite my contract not mentioning this). They also have ignored points I made in both my initial evidence and review request, I get the feeling that each case is only ever very briefly looked over. However, I don't think small claims would be worth it considering you've already been through adjudication.

Marktheshark

Did you damage the item ?

fallin123

wildheart83 wrote: »

I wouldn't be so annoyed if I had caused the damage but I know I didn't, and thought I had shown enough to prove it.

Read the OP

Pixie5740

Marktheshark wrote: »

Did you damage the item ?

wildheart83 wrote: »

I wouldn't be so annoyed if I had caused the damage but I know I didn't, and thought I had shown enough to prove it.

It doesn't sound like the OP did damage the item.

How much of a deduction are we talking about here? I know that since you haven't damaged the item then nothing should be deducted but sometimes it's just not worth the hassle however unfair that might be.

wildheart83

They are asking to deduct 20% of the deposit.

I didn't damage the item. I feel like I did everything properly and the LA are just at it. This is the same company who refused to fix the boiler because it was too close to Christmas and the LL apparently had more important things to pay for.

Pixie5740

B*stards. For a 20% deduction then if I could take it further then I probably would. The risk with going to small claims is that if you lose you might end up having to foot the other side's legal costs.

wildheart83

That's why I'm hesitant about what to do next. Their inventory shows it's broken, the photo is clear and clearly dated, their "evidence" is a black & white copy of a photo that you can't see at all, plus my email saying "hello, this is broken can you fix it please?" doesn't seem to be good enough. I don't know what to do now

fallin123

What is the item and it's value? How much are they proposing deducting?

mrginge

What was their justification in awarding against you?

wildheart83

It's a part for a cooker that was never used by me (cause it was broken) I don't know of its value but they wanted £122 to replace it.
Their justification is that they are satisfied that the item was in a worse condition at the end of the tenancy than it was at the start, although they acknowledge that I followed the correct procedure by emailing the LA to notify them of the damage within the 5 working days they stated.

I spoke to a much more helpful person at the deposit scheme, and I'm trying to speak to Citizens Advice to see how best to word the review. I'm stuck as to whether they erred in fact or in law (or both)