Deposit dispute case re-allocated to small claims track

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    Deposit dispute case re-allocated to small claims track

    Hi, I am suing my former landlord under s213 of housing act 2004 for not protecting my deposit. I used part 8 claim on N208 form. First my case is allocatd to muti-track and listed for directions hearing. I appeared in court for directions hearing and judge said I used form n208 and she re-allocated my case to small claims track and listed for another directions hearing.

    I understand mult-track is better to claim costs and I would claim less costs under small claims track (if I win and pay less costs if I lose). Case law indicating that my claim must be allocatd to multi-track. I have to travel to court and have more costs that LL. I want my claim should stay on multi-track but don't know why judge re-allocated to small claims track.

    Is this good or bad for me? why judge done this when law says claim should go to multi-track?

    #2
    Originally posted by JustThink View Post
    Case law indicating that my claim must be allocatd to multi-track.
    No. A Part 8 claim by default is treated as if it's assigned to multi-track. The court is free to actually assign it to whichever track it deem appropriate.
    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


      #3
      If you're making the claim yourself, the small claims track is probably more appropriate.
      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


        #4
        After a long battle to recover my deposit, LL have offered me a settlement. Originally my tenancy was fixed term for one year and then became SPT and deposit was never protected throughout tenancy period.

        LL offering me 3 times compensation based on one tenancy but I am arguing that I had two tenancies and compensation should be based on two tenancies that is 6 times.

        What law saying about this ? can I claim 3 times compensation for fixed term and 3 times for SPT in total 6 times or I can only claim 3 times compensation?

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          #5
          Thank you guys. LL offered me to settle my claim now and hope to sort out this matter soon.

          Comment


            #6
            3 times per tenancy is the maximum a court can award. It's really not much of a settlement if you want the maximum possible per tenancies. The landlord may well chance it and go to court to see if it'll award less.
            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


              #7
              When negotiating, don't forget to include the cost of the court claim so far.
              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


                #8
                LL is willing to pay £308 court fee but not willing to pay time spent to bring the court claim. My tenancy was originally one year fixed term then SPT and deposit was never protected throughout both tenancies. LL is willing to pay compensation for one tenancy but I asked him to pay compensation based on two tenancies.

                LL saying it was only 1 tenancy not 2 tenancies. Do court consider this as 1 tenancy or 2 tenancies and do compensation based on 1 tenancy or 2?

                Comment


                  #9
                  The compensation is per tenancy, and there are two tenancies (google Superstrike v. Rodrigues for confirmation and suggest that the landlord does the same).

                  People have reported that the court has worked in both ways.

                  You won't get compensation for your time in preparing the case in court (unless you have incurred actual legal costs).

                  There's no point the landlord accepting the worst possible outcome as an outcome of the negotiation.
                  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


                    #10
                    Originally posted by jpkeates View Post
                    You won't get compensation for your time in preparing the case in court (unless you have incurred actual legal costs).
                    Generally it's possible. £18/hour fixed rate, or actual financial loss, but probably not if the case is on small claims track.

                    Originally posted by jpkeates View Post
                    There's no point the landlord accepting the worst possible outcome as an outcome of the negotiation.
                    That.

                    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

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