Illegal Eviction?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #46
    Unlikely the County Court would overturn the ADR decision unless you can show ADR 'erred in Law'.
    Save your time & money.

    Comment


      #47
      You stated in a previous post that the PI was attached to your tenancy agreement? What exactly are you pursuing?

      Comment


        #48
        Thanks Mariner,

        The TDS have ruled that we caused damage on the basis that the check in inventory says 'no defects', however on the same page of the document there is a clear photo of the damage. That seems a pretty clear error to me.

        They have also ruled that two agreements, one of which invalidates the other for the end of tenancy terms both stand. There can not be two mutually exclusive contractual agreements at the same time.

        Finally they have incorrectly interpreted a clause in the contract.

        All of which I believe is an error in either facts or Law.

        Comment


          #49
          Hi Wright,

          It is not attached, it is part of the AST. There are on careful reading 10 errors in the PI and I do not believe it therefore satisfies the law.

          Quite simply I want my deposit back where it's fair. And now as a long term LL I'm utterly disgusted at how the LA and LL have treated us, and the errors the TDS have made, so I want to see LLs and LAs like this put out of business - or at least do my bit to stop them all giving the rest of us a bad name!

          Comment


            #50
            I do understand but i honestly wouldn't waste my time and energy. I don't think you stand a chance as far as a penalty is concerned.

            With regards to the photographic evidence, if that proves enough of a chunk of your deposit to justify a court case then I would go for it. However, I'm assuming you signed the inventory stating "no defects"? Which is probably why you lost.

            Comment


              #51
              Hi Wright,

              I think it's clear the Prescribed Information was not provided - the law requires certain information be provided which was either not provided or what was provided was incorrect. The only actual correct bit in the provided PI was actions if either party was not contactable.

              Re the inventory, it was not signed, evidence was provided to the TDS that it was disputed (the correctness of the inventory).

              Whilst the inventory does say 'no defects' I doubt anyone reasonable would have recorded a hook on the back of a door as a 'defect' when preparing an inventory.

              The key problem I have with the TDS verdict is however their view that items from all three agreements to terminate the tenancy where upheld in favour of the LL, despite that fact that only one agreement could possibly be valid at the time. Furthermore if the final agreement held it clearly states that it invalidates the others.

              Overall I'm out of pocket around £900.

              Thanks for your input, it's appreciated.

              Comment


                #52
                You are either right or wrong about the PI, so that's likely to be a good claim.

                If you agreed to binding arbitration and don't agree with it, the first thing to do is to complain to the arbitrator.
                A court will almost certainly agree that the arbitration is binding and will bend over backwards not to overrule it (despite your valid points) - but not raising the issue with the arbitrator would (in my view) make it even more difficult,
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #53
                  https://www.tenancydepositscheme.com...-decision.html
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #54
                    jpkeates and KTC,

                    Thanks, I'm in the process of drafting a complaint to the TDS. It makes sense to try there before court.

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X