Tenancy Deposit Refund

mdamjad

Hello Friends,
I need some expert advise wrt tenancy deposit refund.
I was staying in London till a month back, now back to India and no plans to go back to UK.
I was staying in a house as a tenant.
1160 was deposit which I supposed to receive post my check out.
But my land lord issued a bill of 750 pounds as deduction which I didn't agree.
Because of it I moved to TDS, but my LL neither ready to consider TDS nor ADR.
Now he went to court.
So now I don't know how to get my money back, my LL not ready to lower it anything beyond 750, me being in India not sure how to answer to court summons if I receive one.
Please help.

theartfullodger

Have you raised a dispute with TDS? If not, do so!

Has the case reached court - if not have you put in a defence? Is this small claims or some other form of court.

Do you have a solicitor who can represent you?

Was the tenancy for the whole house or was it just for a room in the house? Did landlord live in the same building?

G_M

What has your LL gone to court for? He is holding your deposit (£1160) and is claiming £750, so he already has the money.

If he is refusing to use the TDS/ADR, you will need to go to court to reclaim your deposit.

The only way you can do this from India is by granting someone POA (Power Of Attorney) to act on your behalf in the UK.

mdamjad

I have raised it in TDS, but my LL not ready to go through it.
He is also not interested in ADR.
Now it looks like he went to the court, that's what I can see in my TDS status.
I don't have any solicitor, my LL was staying in a separate address.
It was a house
I am yet to receive any summon.
I am in India now, no plan to come to UK.
So not sure how to respond if I receive one.

mdamjad

My deposit was 1160. My LL asked for deduction of 750.
So I went to TDS with dispute of 750.
My LL neither agreed to TDS nor ADR.
Now he has started disputing 1160.
The money is with TDS.

FBaby

Judges don't see it good at all when landlords in this situation refuse to go through the ADR. It is highly likely the outcome will be that he has to go back to it before the judge will consider the case, or...if the judge is particular grumpy that day, rule in your favour.

G_M

Hmmmm.. that seems very optimistic.

If a case comes before a court, the court will make a ruling - for or against.

Yes, the judge may be influenced by a LL's refusal to use the arbitartion process, but he'll still need to make a ruling based on the facts before him.

So OP will need to present his side for the court to consider.

I suspect in this case the landlord is well aware the OP is abroad and unable to attend court, and thus hopes to win by default.

The only options are

a) to present your defence/claim via the court paperwork, explain you cannot attend, ad hope that is enough for the judge to rule in your favour
or
b) to appoint someone to act on your behalf in court

mdamjad

Thanks everyone for your suggestions.I am yet to get notification.
In my TDS also doesn't mention whether LL has moved to court.
Since I am here India how I am going to receive any notice from court.
Below is TDS status


Date Event
12th Aug 2016 Dispute Received online
18th Aug 2016 Case Accepted
18th Aug 2016 Awaiting Full Responses
25th Aug 2016 Pending Court Proceedings
If it becomes clear that one of the parties is considering, or has already initiated Court action, TDS is unable to adjudicate where all or parts of the dispute are being considered by a Court. The disputed portion of the deposit must be sent to us and we will hold it

G_M

Contact TDS and request the non-contested part of the deposit be released to you (1160 - 750).

Check they are holding the contested part (750).

What address did you give the landlord when you left?

It seems to me as if it is for YOU to start legal proceedings: You are owed money which the landlord is refusing to release to you. If you want it (and since TDS cannot resolve) you need to sue him.

mdamjad

Thanks for your response, the day I left UK, my LL did the check out.
He sent me a deduction bill of 750 a week later which I didn't agree and then went to TDS.
Till that time my deposit 1160 was with my Agent Leaders.
After raised dispute, my LL sent a mail to agent and disputed the whole amount.
My agent agreed and sent the whole amount to TDS.
In the check out form no address was given, neither my LL asked for it.
While submitting my TDS application I gave my indian address.

PN: I tried to bargain, but he was not ready come to any lower amount.

mdamjad

Hello,
I am yet to get any response from my LL, not sure whether he has moved to court or intended to do so.
Please advise how long should I wait. In case I don't hear anything from him, what should be my next step. Please advise.