Appealing TDS decision re cleaning charges in courts

pumen

I filed a complaint with TDS as the agent would not return my deposit. It took almost three months for TDS to make their decision and the report came yesterday, very vague and charging me 500 pounds for cleaning charges and dry cleaning of the curtains. It seems TDS used the agency's evidence which I felt was very weak, but totally ignored my evidence, including the check in report I supplied. I understand that I cannot appeal the decision with TDS, but has anyone had any experience with appealing their decision through the small claims court?


I am very upset with the amount, feel it is not fair and really feel TDS missed key pieces of evidence in making their decision.


Will the court look at the case or will they just accept TDS decision??


Also, based on my experience, I would not recommend tenants to use this service. You can feel it favours the agents/landlords even from the start when you try to raise the dispute - if I knew how poorly they work, I would just go directly to the court. Well, we learn from our mistakes.

Guest101

The court will look at the case, however the LL/agent will supply the TDS decision as their evidence, so you need to disprove that decision.


The TDS only find in the agents favour where:
a: it's clear that the LL/agent is correct
b: where the tenants evidence is nonsense


Unfortunately I think that it's probably b, rather than a, in your case. The TDS are completely impartial and thousands of tenants win their cases.


The onus is on the LL/agent to prove they deserve the money, it's fairly simple to disprove this with a well worded and presented argument (unless of course you trashed it)

AnotherJoe

but totally ignored my evidence, including the check in report I supplied
======
Was that just textual? Are there pictures? Was it just your word?
Are you a smoker or otherwise did things that caused it to be dirty?
What is the key evidence you supplied that was ignored?

pumen

Guest101 wrote: »

The court will look at the case, however the LL/agent will supply the TDS decision as their evidence, so you need to disprove that decision.


The TDS only find in the agents favour where:
a: it's clear that the LL/agent is correct
b: where the tenants evidence is nonsense


Unfortunately I think that it's probably b, rather than a, in your case. The TDS are completely impartial and thousands of tenants win their cases.


The onus is on the LL/agent to prove they deserve the money, it's fairly simple to disprove this with a well worded and presented argument (unless of course you trashed it)

Unfortunately, I am dealing with a very shady agency which has very good experience with stealing the deposit money from people (I read many reviews about them online and many similar cases), so I just think they are either very experienced in constructing their cases or have some side agreement with TSD people. My evidence was mostly ignored and the agency was awarded a very inflated amounts.

AdrianC

pumen wrote: »

Unfortunately, I am dealing with a very shady agency which has very good experience with stealing the deposit money from people (I read many reviews about them online and many similar cases), so I just think they are either very experienced in constructing their cases or have some side agreement with TSD people. My evidence was mostly ignored and the agency was awarded a very inflated amounts.

That's either quite some conspiracy theory, or a very serious allegation that will affect the entire industry.

C'mon, then, let's see the before-and-after photos.

Guest101

pumen wrote: »

Unfortunately, I am dealing with a very shady agency which has very good experience with stealing the deposit money from people (I read many reviews about them online and many similar cases), so I just think they are either very experienced in constructing their cases or have some side agreement with TSD people. My evidence was mostly ignored and the agency was awarded a very inflated amounts.

Trust me there is no side agreement with the TDS. The TDS deal with £ millions, tens of million a year, they aren't bothered about £500.


The problem is you didn't construct your argument to pre-counter theirs.


Without even knowing the problem and any details:


Dear Adjudicator,


I submit in evidence the check in report (a.k.a. the inventory, which I do not dispute) - this was an accurate representation of the property at the time.


Upon ending my tenancy I used this document as a guideline for returning the property - less any wear and tear.


It is common for carpets to become worn and for a property to require a new coat of paint after (x years).


I always kept the property well ventilated, cleaned frequently and behaved in a tenant-like manner. I informed the agent and the LL in writing at every necessary step regarding any repairs or any problems with the property.


** (delete as appropriate) I was not present at the check out stage, as I was not offered the opportunity to be there, the check out report was carried out by a 3rd party, but who's independence is questionable as they are paid by the agent and ultimately will want repeat business. Having read the report I disagree wholeheartedly with it's contents.
List the disagreements:
1.
2.
3.
4.
etc.
I would request the agency provide photographic (dated) evidence.


In my submission I present my own photographs attached, reference 1 - living room, 2. bedroom etc.


Kind regards


G101

pumen

AdrianC wrote: »

That's either quite some conspiracy theory, or a very serious allegation that will affect the entire industry.

C'mon, then, let's see the before-and-after photos.

There were no before and after photos. The agency has not provided them. I am at total loss how the decision was made.

Guest101

pumen wrote: »

There were no before and after photos. The agency has not provided them. I am at total loss how the decision was made.

But did you ASK for photos?


- read my submission.

Pixie5740

TDS are impartial. Whatever evidence you supplied and the LL/LA supplied lead TDS to decide that £500 of your £3,500 deposit was to be deducted. Did you read the guide on the TDS website as to how best present your evidence?

How to present your case to the TDS adjudicator.


Are you able to dispute the adjudicator's decision in court? I thought the adjudicator's decision was final....?


https://forums.moneysavingexpert.com/discussion/5337976
https://forums.moneysavingexpert.com/discussion/5343935

agrinnall

While I can see you might want to argue this as a matter of principle, I think if I had enough money to afford to pay annual rent in excess of £30,000 I might not be worrying too much about £500 (one-seventh of my total deposit).

AdrianC

pumen wrote: »

There were no before and after photos. The agency has not provided them. I am at total loss how the decision was made.

Oh, I'm sorry. I thought you said they ignored your evidence including the check-in report.