Has anyone taken a TDS decision to court and succeeded

sanavora

Hi, I have recently got a decision from TDS, ruling in the agents favour awarding them the money and as a tenant this is extremely frustrating as we had so much evidence but all they took into account was the agents evidence. I am thinking to take this to court so they can take our evidence into account and make a proper decision but I am wondering if it’s worth it or not. 

AdrianC

The balance of proof is in the tenant's favour - the tenant does not need to submit evidence. The landlord needs to prove the deduction is fair and appropriate.

If the deposit arbitrators have ruled in the landlord's favour, then it's because they have documentary proof (almost certainly from photographic check-in and check-out reports and inventories) that the damage is above and beyond fair wear and tear.

By all means lodge a small claim, but the landlord's defence will be that the arbitrators considered the documentary evidence and awarded in their favour. You will almost certainly lose.

Would you be willing to give any more information?

moneysavinghero

By agreeing to use the TDS service you chose to agree that any decision they make is final and binding.

If you feel they have done something wrong you could make a complaint:
https://www.tenancydepositscheme.com/wp-content/uploads/2017/07/what_to_do_if_you_are_unhappy_with_the_service_you_have_recieved_from_the_Tenancy_Deposit_Scheme.pdf

Grumpy_chap

The deposit schemes are usually fair and, I would say, tend to lean in the tenant's favour when there is benefit of the doubt.
What type of deductions have been made and why do you feel they are unfair?

AdrianC

moneysavinghero said:

By agreeing to use the TDS service...

Mmm. Considering they're a legal requirement for anybody renting...

moneysavinghero

AdrianC said:

moneysavinghero said:

By agreeing to use the TDS service...

Mmm. Considering they're a legal requirement for anybody renting...

2 more alternative schemes they could have used instead....

Grumpy_chap

moneysavinghero said:

AdrianC said:

moneysavinghero said:

By agreeing to use the TDS service...

Mmm. Considering they're a legal requirement for anybody renting...

2 more alternative schemes they could have used instead....

The tenant usually does not get the choice - it is the LL or LA that deals with this and selects who they deal with.

[Deleted User]

AdrianC said:

moneysavinghero said:

By agreeing to use the TDS service...

Mmm. Considering they're a legal requirement for anybody renting...

It’s not the TDS service it’s specifically the arbitration service that when used you have to accept the decision is legally binding. It’s the same when using the arbitration services of the other two schemes as well. 

sanavora

So the situation is.. before I entered this tenancy agreement (Oct 2020) they said to me the property was “safe and secure” and withheld the actual truth that the property was suffering from anti social behaviour which was on-going for years. So we were basically mislead to sign it based on a false representation of where we would be living. Within the first month we suffered 2 attempted break ins, twice fireworks let off inside the building lobby, the front entrance door smashed and ripped off, the carpark door ripped off, drug users continuously in the carpark, prostitutes and brothels operating on our floor (next door ect) and we reported all this, and even the police said this was on-going. So for this reason I asked to exit the tenancy (despite no break clause). The landlord agreed and said I can leave when a new tenant was found. The agents said we “might incur fees” but will let me know (this was back in November 2020) I asked repeatedly if I would and even sent them a email saying legally I should not be liable because of above and if they advertise it be at there own cost. All my emails were ignored and never responded to. We left the 12 month tenancy after 4 months when a new tenant was found. I asked for my deposit back which they argued they will charge me for a clean (when I proved the property wasn’t clean when we moved in and they said property wasn’t cleaned since June 2020) as I thought that’s all il be charged I said fine il pay (£66) give me the rest back (£1000) 8 days later after chasing everyday.. which at this point they stopped replying to emails, blocked my number and didn’t pick up my calls (which they kept doing throughout our stay, they handed me a email in March for £730 (£660 letting fee). 

I argued against this claiming under Unfair trading regulation I was able to exit the tenancy for their misleading action/omission and the fact they hid it for 3 months I’d be charged but they abused me calling me “harassing, wasting resources, affecting their ability to work” whilst saying I call 50 times a day and not picking up any of them calls. So now you can understand the situation. This went further to the complaints manager and the MD who all favoured his staff and said they pretty much don't care, despite knowing this all caused me to suffer from anxiety and stress and depression. 

I took them to TDS, thinking they would help being told by them (I have a strong case). As normal we submitted our claim (14 days) then we waited 28 days for the decision. Instead the adjudicator sent the agents a request for “proof of these reletting costs” to which the agents provided rubbish (a plain word document with some words and numbers, and a statement related to our tenancy so not the reletting cost). Even after providing this nonsense the adjudicator gave them another chance this time asking specifically for a “invoice”. Now if the agents had “evidence” why not provide it to begin with, it’s clear they were faking them. So when they gave this “invoice” it was dated in April 21 when we left in Feb. The figures didn’t match what they said to me previously and the invoice didn’t mention nothing to do with reletting costs. I mentioned all of this and above yet the adjudicator said he can’t take anything I’ve given as evidence and can take only the tenancy agreement (had a clause which says we will incur fees if we leave) at face value despite knowing the agreement was void in the eyes of law, and the invoice at face value (again despite it being a dodgy invoice with discrepancies) and gave them £730 claiming they didn’t need to tell me about being charged and he won’t take my evidence into account. 

So now I’m stuck here out of pocket thinking should I take them to court?

 

sanavora

When I spoke to TDS to argue this, they themselves said there was no evidence I could have provided that would have helped me win the case, only the agents evidence was taken into account because it’s a “document” and as a tenant it’s disgusting to think that you think TDS will help but they ignore all your evidence because you don’t have documents but what tenant would.. most evidences we have are photos, videos, correspondences and laws/regulations but all of it gets disregarded because TDS do not access if invoices or agreements are valid or legit either

anselld

TDS were never going to give you a "get out of jail free" card from a 12 month tenancy.  It is not unreasonable for the Landlord to claim re-letting costs in the circumstances where a Tenant breaks the contract mid-term.

Neither can they be held responsible for anti-social behaviour in the neighbourhood.  You need to make your own enquiries as best you can before choosing to rent in an area.