Appealing TDS decision re cleaning charges in courts

AnotherJoe

There were no before and after photos. The agency has not provided them. I am at total loss how the decision was made.
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What about your "before" photos?
Again, what was the evidence you say you supplied that was ignored? In what form was it?
And what was TDS's 'weak' (IYO) evidence?

Finally, are you a smoker?

(just thinking of the smell and staining for which £500 wouldn't be a huge amount for cleaning)

Equinox85

I have used the TDS as I had a dispute with my old LL over the deductions they wanted to make.

I spent several hours conducting a firm reply with my thoughts and evidence supporting my costs claims etc.

LL wanted £900 from the Deposit. They ended up getting £250. Result for me and I was happy with that sum.

I reckon what you've done is said that it is all rubbish what your LL/LA have asked for but instead of prove it you've done the old school playground thing of he said / She said.

pumen

agrinnall wrote: »

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).

The amount I paid is irrelevant. On the other hand, why should I make a gift to this agency/LL? They already charged me a lot for a very substandard property.


Can someone actually help me with my question - can the decision of TDS be appealed and what are the chances for success?

G_M

Yes you can take this to court and no, we can't advise on chances for success.

Unless and until OP explains to us exactly what

*evidence LL offered or may have offered TDS
* evidence he (OP) offered TDS
* conclusion TDS reached

we cannot comment on their decision.

Likewise, we cannot advise on whether a court action might succeed without knowing what evidence the OP could submit to the court.

Guest101

pumen wrote: »

The amount I paid is irrelevant. On the other hand, why should I make a gift to this agency/LL? They already charged me a lot for a very substandard property.


Can someone actually help me with my question - can the decision of TDS be appealed and what are the chances for success?

I already told in in the very first reply, yes you can take it to court.


HOWEVER the agency will present the TDS decision, so you need to have a good case as to why it was wrong...

pumen

Equinox85 wrote: »

I have used the TDS as I had a dispute with my old LL over the deductions they wanted to make.

I spent several hours conducting a firm reply with my thoughts and evidence supporting my costs claims etc.

LL wanted £900 from the Deposit. They ended up getting £250. Result for me and I was happy with that sum.

I reckon what you've done is said that it is all rubbish what your LL/LA have asked for but instead of prove it you've done the old school playground thing of he said / She said.

No, they only provided the check out report by the inventory company which they work with and a quote (via email) from a cleaning agency with estimated (and very inflated) prices for cleaning of the property / dry cleaning of the curtains. I provided the check in report (which they deliberately have not provided for adjudication), receipts and AFTER pictures which show the flat. Neither the agent nor I have the before pictures.

Guest101

pumen wrote: »

No, they only provided the check out report by the inventory company which they work with and a quote (via email) from a cleaning agency with estimated (and very inflated) prices for cleaning of the property / dry cleaning of the curtains. I provided the check in report (which they deliberately have not provided for adjudication), receipts and AFTER pictures which show the flat. Neither the agent nor I have the before pictures.

But if you provided the check in (which they cant dispute really) and AFTER pictures - did you make it your job or the adjudicators to put them together.


E.g. Picture 1 shows the room X and you can see the inventory matches the pictures?


I really fail to see how you lost if you basically did what I wrote earlier. - did you do a similar thing?

pumen

Guest101 wrote: »

But if you provided the check in (which they cant dispute really) and AFTER pictures - did you make it your job or the adjudicators to put them together.


E.g. Picture 1 shows the room X and you can see the inventory matches the pictures?


I really fail to see how you lost if you basically did what I wrote earlier. - did you do a similar thing?

Of course, I provided a check in report. However, their check out report had IN and OUT columns. The IN columns did not reflect the check in report which was done by a different inventory company. They deliberately did not provide the actual check in report and the schedule of conditions - which I provided and made a comparison.


I fail to understand this either. They claimed GBP 750 and were awarded GBP 500 for cleaning charges, which include curtain dry cleaning and general cleaning. Despite the checkout report saying nothing about the curtains and me providing the invoice for their cleaning.

pumen

AnotherJoe wrote: »

Finally, are you a smoker?

(just thinking of the smell and staining for which £500 wouldn't be a huge amount for cleaning)

No, I am not a smoker.

pumen

G_M wrote: »

Yes you can take this to court and no, we can't advise on chances for success.

Unless and until OP explains to us exactly what

*evidence LL offered or may have offered TDS
* evidence he (OP) offered TDS
* conclusion TDS reached

we cannot comment on their decision.

Likewise, we cannot advise on whether a court action might succeed without knowing what evidence the OP could submit to the court.

Ok. The LL provided the tenancy agreement, cleaning receipt at the start of the tenancy, the checkout report/schedule of condition, email with estimated quotes from a cleaning company about the check out, check out report which was not all that bad (I still disagreed with this), chain of emails.


I provided the check in report and schedule of condition (which agent has not provided), emails that the cleaning at the start of the tenancy was not good, AFTER pictures, invoice for cleaning of the property and curtains, chain of emails, clear reasons why I am disputing every claim. My evidence was mostly ignored.