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    Head ache

    I finally got a LL deposit problem sorted out through TDS,
    whereby all funds came to me in full.
    This was due to the fact no inventory was supplied to TDS from us or the LL.
    There was an inventory but it wasn't the one we had received and after many a conversation the agent advised us that the LL would deal with it at TDS, and we should not supply one stating the LL would.

    Today i find an email waiting for me...



    Dear ####,
    I have now received TDS reply, detailing that they have made a full award to yourself, since they have not been provided by the check inventory/report. You had received this at the commencement of your tenancy and all of you had signed this document.

    I write to let you know that I have no alternative but to seek legal avenues to recover the damages suffered on my side. Before I do this, I would like to offer you and your other ex-flat mates to make good these damages. If you do not wish to do so, then I confirm hereby that I will be taking legal consultations and will be in touch in due course.

    Could you please inform your ex-flat mates.

    ####,
    Do you have the email address of the third ex-tenant please?



    Best regards
    ####.






    Can he do this? Isn't TDS small claims court? We won?!

    Or can he take us to court and claim it all back?!



    Please help!

    #2
    He can try but I doubt he will get anywhere because judgement has already been made.

    Ask your ex landlord to supply you with a copy of the disputed inventory that contains your signatures.

    Comment


      #3
      Originally posted by 120 View Post
      Can he do this? Isn't TDS small claims court? We won?!
      Or can he take us to court and claim it all back?!
      Yes he can. The TDS arbitration system is not a court and it is well known that it is heavily biased towards tenants. A judge can set aside it's decisions where they are clearly wrong. There was a thread on this subject recently where exactly that happened.

      By the way, it's not a question of 'winning', more a case of fairly apportioning costs.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Originally posted by 120 View Post
        I finally got a LL deposit problem sorted out through TDS,
        whereby all funds came to me in full.
        This was due to the fact no inventory was supplied to TDS from us or the LL.
        There was an inventory but it wasn't the one we had received and after many a conversation the agent advised us that the LL would deal with it at TDS, and we should not supply one stating the LL would.

        Today i find an email waiting for me...



        Dear ####,
        I have now received TDS reply, detailing that they have made a full award to yourself, since they have not been provided by the check inventory/report. You had received this at the commencement of your tenancy and all of you had signed this document.

        I write to let you know that I have no alternative but to seek legal avenues to recover the damages suffered on my side. Before I do this, I would like to offer you and your other ex-flat mates to make good these damages. If you do not wish to do so, then I confirm hereby that I will be taking legal consultations and will be in touch in due course.

        Could you please inform your ex-flat mates.

        ####,
        Do you have the email address of the third ex-tenant please?



        Best regards
        ####.






        Can he do this? Isn't TDS small claims court? We won?!

        Or can he take us to court and claim it all back?!



        Please help!
        I am struggling to understand why you entered into negotiations with the agent about it and let him convince you that the LL would supply an inventory to the TDS. The agent works for the LL, not you. It is not appropriate for him to be advising you at all. Tell agent that in future you will communicate only with your ex-LL and not with them. He is no longer your LL, so he cannot insist that you deal with his agent as he could when the tenancy was current. I suspect that if you tell the agent this, the threats may all evaporate unless the ex-LL has the time and energy to pursue it himself.

        If the inventory which you did sign at commencement of tenancy combined with evidence of damage/cleaning needed on vacation of the property does not support the LL's claim, I think you should have nothing to worry about. Tell him you'll see him in court. I suspect he is just blustering in the hope you will lose your nerve. A judge could overturn the TDS ruling, but the circumstances would have to be pretty exceptional - e.g. TDS ruling did not take aaccount of a vital bit of evidence/info, or ICE person was drunk at the time.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Thanks for all the advice,

          Heres a little more information,
          the inventory he based his checkout on was a copy of an inventory unsigned,
          and completely different to the inventory we were supplied with at the start of tenancy.


          The original inventory we did sign (which I never had a copy of, I took it in to the agent and he took it from there) seems to have gone missing as the agent couldn't find it and then the LL said he had it.
          That is where this all starts.


          The reason I went to TDS was LL was contradicting himself saying things generally clean, then overall the place is dirty.
          Also that we should repair the outside of an expensive apartment block's door. (which hadn't changed from the day we moved in)




          The agent issue is a slight odd one in that a family member of mine is the person who trains everyone to work for their estate agents, so they give us advise as well as the LL.

          Comment


            #6
            Originally posted by jta View Post
            Yes he can. The TDS arbitration system is not a court and it is well known that it is heavily biased towards tenants. A judge can set aside it's decisions where they are clearly wrong. There was a thread on this subject recently where exactly that happened.
            Here's the thread
            http://www.landlordzone.co.uk/forums...ad.php?t=23226

            Comment


              #7
              tds is an adjudication scheme, not arbitration, so the decision can be challenged in court.

              Most cases where the LL 'loses' are just like this - either the LL or Agent just don't send stuff to the adjudicator. It is a sad fact that many many landlords and agents use inventories that have been written in crayon and think that it is sufficient to put a claim in along the lines of 'the tenant did, like, make a mess of my house and like, that was just not cool.'

              Where there is nothing wrong with the decision as it was based on the evidence presented by the parties, then a landlord would be nuts to claim in court. invite him down whatever legal avenues and to whatever legal consultations he wishes.

              This said, if the decision is wrong because of new evidence that tds were not privy to then it is wise to negotiate. A court hearing will be a second hearing and it is likely that the LL has learnt from his tds errors and would put together a better case.

              From what you have said it doesn't sound like the landlord is entirely clued up so in your situation I'd perhaps say something along the lines of 'bring it on' and wait for the letter before action from a solicitor.

              the risk of course is that he'll try and do it alone, and then the first thing you'll get is a claim form.

              Comment


                #8
                Originally posted by fthl View Post
                tds is an adjudication scheme, not arbitration, so the decision can be challenged in court.
                Is it the case that L is challenging the decision of TDS. Or is it the case that L is making a claim through the courts for damage, and the whole TDS thing is irrelevant?

                Comment


                  #9
                  arbitration awards are fixed, you can't challenge them unless it is on a point of law.

                  Adjudication awards you generally can. generally the adjudication award is ignored and the whole case is heard again. You would struggle to pick bits of the decision you wanted to retain and just re-argue others. tends to be all or nought.

                  Comment

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