TDSL vs Small Claims Court? HELP!

[consumer1984]

Just wanted to know which was the best way to proceed to make sure I get my deposit back - there are a lot of case studies for tenancy deposit schemes which lean in favour of the landlord and I really don't want to go down that route!

[Steve__M]

What is your landlord claiming?

[Planner]

I think it would be frowned upon by the judge if you didnt use the TDS arbitration first.

[consumer1984]

the landlord is claiming double the amount of our deposit which = £4,000, including ridiculous expenses such as half the money to redecorate living room (?!) and because of a small stain on one of the carpets they've claimed to recarpet the entire house as all the carpets are apparently 'connected'.

[consumer1984]

Also - what if I do go through with TDS arbitration. Am I allowed to refuse the amount they choose to give back to us?

[Planner]

Also - what if I do go through with TDS arbitration. Am I allowed to refuse the amount they choose to give back to us?

 

Of course you can refuse and take the mater to court. Then you have the problem of the judge placing considerable weight on the arbitration decsion.

 

So, simply not liking the arbitration decision will probably leave you with egg on your face if you take it further. On the other hand, taking it further because arbitration made a real mess or missed/ignored an important fact could see you with a much more favourable decision at county court.

[consumer1984]

So the best thing to do would be to proceed with TDS arbitration? However it does state that all the evidence needs to be provided by the landlord and I'm extremely worried that they won't place any weight on our evidence.

[Planner]

So the best thing to do would be to proceed with TDS arbitration? However it does state that all the evidence needs to be provided by the landlord and I'm extremely worried that they won't place any weight on our evidence.

 

You will be able to tell your side of the story and provide suporting evidence and the landlord will give there side of the story and give evidence justifying their costs.

 

Arbitration will look closely at what is/isnt provided and make a decision. If there is any damage then arbitration will award the LL a fair amount and the rest will be returned to you.

 

If you are going to enter the process with your current attitude that the case is already decided in the landlords favour, there most be a reason you think this? If there isnt, put that attitude behind you and submit the dispute ASAP.

[Steve__M]

I would say follow the TDS process. But follow it carefully as there seem to be a few cases where the decisions are made in the LLs favour because the tenant didn't submit their evidence on time etc.

 

Even if you think you might eventually go to court, think of it as a practice session!

[consumer1984]

awesome! I just wanted to clarify - because myself and my housemate have gathered a whole bunch of evidence in our favour and just want someone to definitely look at it, as it would blow the landlord's claim out the window!

[Kraken1]

the landlord needs to prove his case, this is true, but you also need to prove yours. Not because of any obligation on you, but because the case will be decided on the evidence presented and silence from you won't help - that relies on the landlord screwing up his claim.

 

Make your representations and ensure that:

 

they are clear

they are typed or printed - handwriting sucks.

they deal with all the LL points and claims

they are not emotive - stick to the facts

you support your statements with evidence, for eg present your own costs to show the ll's are unreasonable.

you don't admit anything!

you don't fail to comment on any of the LL's allegations

you look at the tenancy agreement and check-out to see if they support the LL claim

you comment on the age and cost of any stuff that is damaged.