Tenancy Deposit Refund

bouicca21

What evidence do you have to dispute the £750? In other words how easy will it be to argue your case without being there in person?

I suspect the judge will not be impressed by a refusal to use arbitration and what seems like a clear attempt to take advantage of someone unable to attend court in person.

Have you contacted TDS to clarify whether your LL has gone to court or is just refusing to participate in the TDS process? I think GM is right and the LL has created a situation in which you need to initiate court action. He may well fold when he realises you will go to court.

mdamjad

My deposit was 1160, My LL send me bill of 750 as an amount of deduction. I have his mail as evidence. That's why I have disputed the amount 750 in TDS.

ViolaLass

mdamjad wrote: »

My deposit was 1160, My LL send me bill of 750 as an amount of deduction. I have his mail as evidence. That's why I have disputed the amount 750 in TDS.

I think the poster meant what evidence do you have to say that you shouldn't pay the £750?

mdamjad

Hi guys, thanks for your responses so far.
I need one clarity if at all my LL goes to court how the legal proceeding takes place in my absence.

G_M

The landlord will need to serve court papers on you. This is generally at the respondant's address, but can be the last known address.

The court will assess whether they believe service was completed. If the court knows you are in India, they may dismiss the case for lack of service.

However, if they are not infomed of your whereabouts they may allow service (ie at last known address) and hear the case in your abence. They will hear the LL's claim, and, if there is no defence entered either in writing or in person, they are likely to find in favour of the plaintiff (landlord).

I'm not sure how you can protect yourself against this since you may not even be aware the case is proceeding.

However, since the LL holds your deposit, why would he commence legal action?

As previously explained, you might do better to make a claim yourself - both for the disputed deduction, as well as the undisputed amount which I understand he has also still not returned to you.

mdamjad

Hi G_M,
Thanks for your response, my apology for delayed response.
My deposit is held by TDS not landlord.
According to TDS they can't return my money because my LL didn't approach them.
They need to hear from court to proceed.
When I asked them what happens if LL never approach them , then they replied they still need court order or else they keep the money safe with them for next 6 years.
My LL is not responding to my mail, he is still talking about court with my tenancy agent(Leaders) but not providing any date for it. I am not sure what to do at this moment.
Please suggest.