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Tenancy Deposit Scheme (TDS ) Ltd


Wilfred 2nd

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TDS use adjudication. This is sometimes assumed to be or confused with the term arbitration which it is not.....its completely different.

Success from using adjudication will depend on, amongst other things, the quality of the evidence produced by the landlord. A non existant or poor quality inventory will not result in success and in the main this is what has resulted in the TDS reputation for favouring tenants.

An alternative is not to use the adjudication process but to refund the deposit to the tenant in full and then to claim through the small claims court for your losses.

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Yes it is true that all the deposit schemes are known to rule in favor of the tenant but that is because the evidence supporting the claim is not good enough. The photos or descriptions on the inventory are not clear enough because the agent or landlord hasn't had any correct inventory training and used the incorrect terms to dis crib the condition.

The agent should aware how hard it is to make a successful claim and informed you that you had a option to opt out and go through the small claims court as Rishlist states.

I use the TDS with the amount of deposits currently logged into the hundreds and we haven't yet had a claim. (touch wood) Any disputes we have we manage to sort out in-house between all parties.

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This is the sort of reply that realy iritates me, it is not all to do with poor record keeping , i had a claim for a door with a fist shape hole in it (brand new house) cut to £8,00 becuse "its still a door" and a dog ###### on,stinking carpet refused becuse " i did not send a photograph of the smell" the system is crap and needs sorting out.

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Did you try to come to a arrangement with the tenant at the end of the tenancy for the damage/mess?

Did you have a professionally drawn up inventory at the start of the tenancy?

Did you get at least 2 independent written quotes for repairing/replacing?

Are you aware or the correct terms to use and the ones not to use when describing items on a homemade inventory?

Are you aware of the term betterment?

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I am fully aware of betterment and how to get a quote. the point is how can you photograph a smell? this was the actual reson for turning down my claim! the door was six mounths old, it was going to cost £105 to have replaced, so i claimed £80 to be fair. They said that it was stil a door and that its life had been reduesed, so allowed me £8.00

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I would have thought 2 well written quotes from professional carpet cleaners describing the condition and smell would be good enough. If not, that is another good argument for opting out of any of the deposit scheme redress process and choose the courts instead.

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