Claiming for return of deposit only, N208 or N1?

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    Claiming for return of deposit only, N208 or N1?

    Hello,

    I have been browsing these forums for some time now and have picked up some useful information, but there are a couple of points that I am confused about.

    I am planning to make a county court claim against my former landlord for failing to return the deposit at the end of the tenancy. I am not claiming for any penalty relating to deposit protection, even though the LL did fail to provide the prescribed information, as over six years has passed since he was required to provide the prescribed information. I only wish to claim for the return of the deposit, along with interest and costs.

    My question is: should I use the Part 8 proceedings, N208 form, as the claim relates to a tenancy deposit, or should I use the Part 7 proceedings, N1 form, as I am only claiming for money and not the penalty?

    Also, I cannot seem to find the point of law that states that a LL must return a deposit at the end of the tenancy. Or should I just reference the clause in the tenancy agreement regarding returning the deposit?

    Any help would be greatly appreciated.

    #2
    Personally, I'd use Money Claim online and they'll pick the route for the claim (which will almost certainly be the small claims track).

    I think technically the answer is the Part 7 form, N1, as the small claims route is only closed when the claim relates to failure to protect, which you are not claiming.

    There's no point of law saying that the deposit has to be returned at the end of the tenancy.
    The money is yours throughout and is held by the landlord as a security.
    Given that the need for a security has passed, the landlord has no basis to keep it and should consequently return your property to you.
    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


      #3
      I'll assume your tenancy has ended and you have vacated the property, was the deposit protected in one of the 3 government backed schemes if so why don't you go through that process to retrieve it back, it's usually within 14 days.

      Either N208 or MCOL will do the job if you want to make a claim against your LL.

      Comment


        #4
        Think there is guidance in how on Shelter website
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          jpkeates - Thanks very much. I think I'll proceed with the N1 claim form and see how I get on. Good point about the deposit, I hadn't thought of it in that way.

          ash72 - Yes, tenancy ended a long time ago, almost six years in fact, so I am unable to retrieve the deposit from the protection scheme. Unfortunately life got in the way and so I am only now in a position to make a claim. It was only after we had vacated the property that we realised that the LL had not served the prescribed information and by the time we discovered where our deposit was being held, it was too late to retrieve it from there.

          theartfullodger - Thanks. I have spent many hours trawling the Shelter website and have used some of their template letters too.

          Comment


            #6
            Originally posted by jp9583 View Post
            Yes, tenancy ended a long time ago, almost six years in fact, so I am unable to retrieve the deposit from the protection scheme.
            Tenancy ended 6 years ago, or deposit was paid 6 years ago?

            Either option are available to you normally. Either a money claim as money owed, or a deposit claim under the Housing Act for a court order for landlord to return the deposit.

            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
              6 years ago..... I think you may not have a case (just my opinion) as in order for the LL to get the money transferred to them from the deposit scheme they would have had to make a statutory declaration for them to release the money to the LL, at the time you would have been notified, since you didn't object at the time, this could work against you. What value of deposit was held?

              Comment


                #8
                Originally posted by KTC View Post

                Tenancy ended 6 years ago, or deposit was paid 6 years ago?
                Deposit paid in March 2014, tenancy ended June 2015, so getting close to the 6 year limit, hence making a claim now.

                Comment


                  #9
                  Originally posted by ash72 View Post
                  6 years ago..... I think you may not have a case (just my opinion) as in order for the LL to get the money transferred to them from the deposit scheme they would have had to make a statutory declaration for them to release the money to the LL, at the time you would have been notified, since you didn't object at the time, this could work against you. What value of deposit was held?
                  I never received any correspondence from the landlord about the deposit scheme - no prescribed info or other details. After some digging it turned out to be protected with mydeposits, but using the insurance scheme, so LL has held the deposit the whole time. Deposit paid was £675, now with interest it's around £1000.

                  Comment


                    #10
                    So either method are fine. Straight forward money claim online will be cheaper and less technical procedure to have to follow. Either method will likely have the judge asking why you haven't raised this issue before.
                    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


                      #11
                      I'm sure the 6 years statute of limitations rule may apply, and you may not be awarded the interest (just my opinion) since you haven't raised this up in the last 6 years.

                      Comment


                        #12
                        Thanks for all of the advice.

                        All I really want is for my deposit to be returned, the interest would be a bonus, but something that I believe I am entitled to claim, as the LL has kept my money for all this time.

                        He never replied to any of my correspondence and I recently discovered that the address at which to serve notice stated in the tenancy agreement is not a valid postal address, which might explain why I never received a response to my letters.

                        In my opinion, this could all have been avoided if he had provided the deposit scheme details in the first place. That way I could have claimed the deposit as soon as we had moved out. After all, I think that is one of the reasons why the legislation was created in the first place - to avoid disputes and costly legal claims etc.

                        I appreciate that a long time has passed, but there are several personal reasons why I have not been able to raise a claim before now, including the arrival of two children, along with my wife being diagnosed with an incurable disease. All of which have left me with very little time to focus on such relatively trivial matters. Maybe I am being naive, but I would hope that a judge might be sympathetic towards this.

                        Comment


                          #13
                          Do you now have a valid address for service?
                          This is particularly important in your case, as once the 6 years expires you won't be able to restart the case with a new address.

                          Comment


                            #14
                            Yes, I managed to find the registered office address at Companies House. I will send a final letter before action to this new address first and hope that it elicits a response.

                            Comment


                              #15
                              Err, given the limitation period is fast approaching, you would be well advised to file the claim, and if desired then stay the claim while any negotiation take place. "We are negotiating" for example does not provide an extension to the limitation period.
                              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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