Appealing TDS decision re cleaning charges in courts

pumen

Can anyone please recommend how to file an appeal of the decision with the court? Should I raise a new case for the amount awarded to the agency (as I assume I will receive the rest of my deposit this week) and build my argument or shall I refer to the TDS decision?


I tried to google, but it seems there is very little information on the process. TDS say that their decision is final and cannot be appealed.


How much can the court process cost?


I can of course file a complaint with TDS, but I feel this will really be waste of my time. Never again will I use this - I should have gone just with the small claims court - at least you can argue there, present evidence and see a real person who will ask you questions. Really terrible experience with TDS.

Guest101

pumen wrote: »

Can anyone please recommend how to file an appeal of the decision with the court? You don't, you start a fresh claim via small claims court for the deposit. Should I raise a new case for the amount awarded to the agency - Yes (as I assume I will receive the rest of my deposit this week) and build my argument or shall I refer to the TDS decision? - You should do both. Outline your case and disprove the TDS decision, as that will be the main evidence the LL/agent has


I tried to google, but it seems there is very little information on the process. TDS say that their decision is final and cannot be appealed. - No it cannot be appealed. However you can still go to court. MCOL https://www.moneyclaim.gov.uk/web/mcol/welcome


How much can the court process cost? - depends. If you win it'll cost nothing. But if you lose... remember you also need to send a letter before action giving 14 days to pay up.


I can of course file a complaint with TDS, but I feel this will really be waste of my time. Never again will I use this - I should have gone just with the small claims court - at least you can argue there, present evidence and see a real person who will ask you questions. Really terrible experience with TDS.

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/

G_M

* Deposits: payment, protection and return

pumen

Guest101 wrote: »

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/

Thanks. The letter before action I already sent to the LL/agent in October. They ignored it.

Guest101

pumen wrote: »

Thanks. The letter before action I already sent to the LL/agent in October. They ignored it.

Have you got proof of posting?


You'll need this if you want to claim back costs?

pumen

Guest101 wrote: »

Have you got proof of posting?


You'll need this if you want to claim back costs?

I served it via email.

Guest101

pumen wrote: »

I served it via email.

You don't serve court notices via email.


Print, it, envelope it, stamp it and get to the post office.


no wonder they ignored it.

FBaby

I'm surprise you say the report was very vague. They are normally very comprehensive, going over every bit of evidence and they came about their decision. You say you provided THE check-in and schedule of condition. What this agreed and signed. If so, then the adjudicator would have taken this as evidence. It's too bad that it seems doing so went against you.

You can take the landlord to the small claim, but frankly, if you are doing so to ask for the same evidence to be reviewed, you are very unlikely to be successful. The adjudicator is legally trained, so unless you can evidence that they made an error in following the legal process, your chances of a positive outcome is very low.

pumen

FBaby wrote: »

I'm surprise you say the report was very vague. They are normally very comprehensive, going over every bit of evidence and they came about their decision. You say you provided THE check-in and schedule of condition. What this agreed and signed. If so, then the adjudicator would have taken this as evidence. It's too bad that it seems doing so went against you.

You can take the landlord to the small claim, but frankly, if you are doing so to ask for the same evidence to be reviewed, you are very unlikely to be successful. The adjudicator is legally trained, so unless you can evidence that they made an error in following the legal process, your chances of a positive outcome is very low.

Thanks. This is what I am exactly thinking. I should have gone directly to the court. I was myself very surprised how short and vague the report was. My evidence was not taken into the account.

In my tenancy agreement, there is even a clause which states that unless the landlord provides a breakdown of the deductions within 14 days, the tenant will not consider deductions. As part if my argument, I also referred to this clause. This was completely ignored and no comment made. It took TDS 10 weeks to resolve this and my feeling they have not analysed all evidence. I had a very strong case and am amazed by the outcome.

ManuelG

pumen wrote: »

My evidence was not taken into the account.

It will have been taken into account, it will not have been considered strong enough evidence to rule in your favour.

As the others have said, reflect on your own evidence and how better to present it.