My hearing is a 20 minute "directions hearing" if that changes anything. Having dealt with court admin, you get told a totally different story/policy every time I called or visited in person. It was apparent in almost all circumstances the admin was totally incompetent, let's hope the judge does not fall into the same category. I am going to present my case pretty much as per the Housing Act section 214 below: Housing Act 2004 – Section 214 Proceedings relating to tenancy deposits (1) Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds— (a) that the initial requirements of an authorised scheme (see section 213(4)) have not, or section 213(6)(a) has not, been complied with in relation to the deposit; or (b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme. (2) Subsections (3) and (4) apply if on such an application the court— (a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or (b) is not satisfied that the deposit is being held in accordance with an authorised scheme, as the case may be. (3) The court must, as it thinks fit, either— (a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or (b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme, within the period of 14 days beginning with the date of the making of the order. (4) The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order. (5) Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit. (6) In subsection (5) “deposit” has the meaning given by section 213(8).

To give an update... The landlord admitted in writing to me they did not protect the deposit as there was a verbal agreement in place between them and I at the stat apparently (it was never mentioned). The LL has counter claimed more than the original deposit for damage and I am getting legal advise on my response. A 20 minute hearing is planned for late January with a Judge. In the end I had to fill in an allocation questionnaire for £150 which was a rip off but allowed the case to continue.

Well I am pretty sure it is a Part 8 claim now as I originally filed, but as I said the court admin has not been good! Having written to the judge the message given back to me was that I no longer needed to file an allocation questionnaire. The legal advice I was given was that Part 8 claims were not subject to allocation questionnaires. The case must be pretty clear cut if the judge has decided there is no defence without even going to a hearing.

My case is still ongoing but has recently substantially progressed. Having questioned the judge on why it was not being treated by a part 8 claim and experiencing some quite frankly shocking administration by clerks (not having a clue about anything and given different messages by different people).... I have received a letter stating that the judge has concluded the defendant has no defence to the claimants claim (after the defendant wrote an 8 page letter highlighting supposed damage and stress caused to their life, fatally admitting to not putting the money into the scheme). Unless the defendant puts in a counter claim within 7 days and pay the court fees, for the alleged damage, for which they have no receipts the judge will make an order against them. I am really glad I stuck to my insticts and the encouragement I received on here. Whilst nothing is a given yet, I am hopeful I will win the case but guess only time will tell. I anticipate a counter claim which will only complicate things....

I have spoken to the court and my employer's solicitor. The court has promised to post me the defendant's evidence as they failed to include it in the request to complete the allocation questionnaire. Having spoken to a solicitor they strongly thought the correct way was to go via the Part 7 route and not Part 8 which I filed, therefore they thought the judge most likely ordered it take the Part 7/N1 route (therefore requiring an allocation questionnaire). I asked the court if this was the case but told me I had to write to the judge as they could not comment. The allocation questionnaire provided is an N151 which the solicitor told me was the wrong one for claiming a fixed sum as an N151 allows the judge to award monies as they see fit. I put in a fixed claim of 3 x deposit plus original deposit therefore should have been sent a N149 which is a fixed claim amount. As a result the allocation questionnaire for N151 costs £200 as it's not a fixed sum claim under N149 where the cost is £35. With the cost of filing a hearing £150, allocation questionnaire currently going to cost £200 and a hearing fee £300 I am seriously considering dropping this claim as that's £650 in costs I could potentially lose which i simply cannot afford.

Hi, Funny enough I received a response from the court today having filed a Part 8 claim as per the advice and help on these forums. I am rather baffled by the courts response. "Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. Upon referral of this matter to the District Judge IT IS ORDERED THAT All parties to file and serve Allocation Questionnaire within 21 days of service of this order together with draft directions agreed if possible in the attached form." A fee of £200 is payable by the claimant on the filing of their allocation questionnaire. The defendant has filed a defence, a copy is enclosed with this notice (nothing was included though other than the questionnaire!?) -------------------------- Any advice on this as it appears I have to pay £200 and go down a route that I have not read about anywhere on these forums or on the web based on a part 8 claim. I don't have legal representation and only have the 7 days to respond if i am to have it set aside, varied or stayed.

I am hand delivering my Part 8 claim on Monday to my local court accompanied with cheque for £150. What should I include with the Part 8 claim? Tennancy agreement copy? All correspondance between me and LL asking for TDS number etc after moving out though she highlights damage to flat? Emails for the TDS schemes confirming deposits not protected? Anything else? Am i right in thinking i should send a copy of all documents i will give to the court to my ex LL?

My only concern is that it if a counterclaim is made as a result of me winning, will i be issued with a CCJ? I am not too familiar with the concept of being awarded a CCJ other than this has a huge impact on your ability to obtain credit in the future. (I am very aware that nothing is ever a forgone conclusion however this is the only thing making me uneasy of making a claim)

I am going to file a Part 8 claim this week especially given some of the replies to the letter I posted on here. I am happy to gamble approx £150 plus costs for a strong possibility of being awarded over £3k having lost £800 on my deposit being withheld. I can see the LL counterclaiming if I win but no way they can prove anything like £3k of damage/cleaning was due. This will be my first experience of using a court, Thanks for all the advice to date. I will keep you all posted on developments.

I wrote a letter before court asking for a TDS number which has not been given nor receipts which I asked for additionally. Whilst there was some scope for deduction of deposit I had no opportunity to use the TDS for arbitration. The deposit was never held in a scheme and the tennancy was from 1st Jan 2008, what should be my next response to this be? (From the LL) Re: Letter before action I am writing with reference to your correspondence dated the 19th August 2008. Whilst I appreciate that you are keen to recover the security deposit paid as part of the tenancy agreement far xxxxxxxx. I am disappointed that you still feel it necessary to continue to deny the damage caused by misuse and neglect As we have reached the stage of court action I have again sought legal advice from the following solicitor xxxx Xxxxx has considered the evidence (photos) that I have to support my case and is in agreement with me that it will be sufficient in a court of law to support my decision to withhold your security deposit. With this advice in mind I am new prepared to attend a court hearing if necessary and I acknowledge receipt of claim Form (Part 8). As requested in your letter 19th if August 200B, I am under no obligation by law to provide you with receipts for repairs and replacement of damaged goods. As Landlord I have the right to repair and replace items in the property as I see fit. I draw your attention again to the following clause in our tenancy agreement for xxxxxxx DEPOSIT'. (a) £765.00 payable on or before the 1st January 2008 such to be retained by the Landlord as security for performance of the Tenant's obligation andto be repayable to the Tennant only after the end of the Tenancy and after deduction of any sums required to compensate the landlord whether wholly or in part any breach of obligation on the Tennant’s part Following advice from my solicitor, this is sufficient to support my evidence in court; regardless of your repeated attempts to identify a similar case in which the tenant was successful in their claim. Such cases only exist where the landlord in question was in the wrong. Upon receipt of your County Court claim form, my solicitor has contacted the court with reference to our dispute and has been advised that the court are aware of no such case (the lack of an official claim number had proved this anyhow). The court representative was at a Joss as to how you expect to recover your security deposit whilst photographic evidence of damage and neglect is available. as such, L have been advised to be aware of the potential for false claims as a means of forcing return of a deposit, Many thanks again for your correspondence; T understand your persistence though I am not willing to discuss this matter with you any further.

Having questioned the previous amount to file a N208, I've been sent the following: "To issue a Part 8 Claim the fee is £150.00. If you wish to issue a specified claim then the fee is £108.00 this is for a claim up to £5000.00"

The Court fee is £108 according to my local court. I have sent a letter before action giving LL 14 days to return deposit or I will file a court notice. I will keep you informed of developments as potentially this could be a case that goes to court.

Many Thanks, with the total sum equaling more than £3000 am I right in thinking I would have to pay the following to get my case into a court room? £108 for starting my claim £35 Allocation Questionnaire fee £300 hearing fee It seems to be getting very expensive and if I lose and have to pay costs we are talking about £500 lost. If these costs are correct am I right in thinking I would get all this back from the defendant if i was to win? The size of the claim is making me think is it worth hiring a solicitor?

Hi, I have read across the history of messages on these forums and are going to issue a county court claim against my landlord for non protection in the TDS for a tennancy Jan-June 2008. My landlord withheld all of my deposit and even claimed they were owed more on top. I asked for confirmation of whether the money was held in the TDS and the reply was that I broke the contract by damaging the property and not leaving it as it was found. It is clear the deposit was never held in a scheme. In the reply from the LL, the claim for additional money from me was never mentioned which appears very dubious in the beginning. I am going to issue a letter before court accompanied by a completed N208 form. The deposit was £765 which i am seeking and in additon 3 times the amount £2295 as compensation as per the Housing act section 214. The total claim is £3060. Do I calculate interest on the £3060 or just the £765 deposit from the time it was due back until date of filing to court? The landlord gives the impression they will make a counter claim for damage of the property and dirtiness of the property. A claim of £300 for professional cleaning of a 2 bedroom flat was one of the charges totalling £1450. Whilst there was scope for some deduction for cleaning and a bit of damage the total charge was very excessive. Based on the Stankova v. Glassonbury 10th March 2008 case a counter claim will not apply in my case either as a strict liability penalty was ordered therefore non provision for a counterclaim. Am i doing the right thing?