TDS N208 wording

[no way]

Hi can someone check to see if I've missed anything here please?

 

Sending lba with copy of N208. Tenancy ended, unprotected deposit not returned. Hopefully LL will see sense and return deposit before the claim for 3x is lodged and avoid additional costs.

 

 

This is what I've put on the claim form:

1. The claimants are making a landlord and tenant claim - Civil Procedure Rules Part 56.1(f).
   
2. To comply with CPR Practice Direction 56 2.1 the claimants are using the Part 8 Procedure.
   
3. The claim is being made under section 214 (1)(a) of The Housing Act 2004.
   
4. The claimants are the former assured shorthold tenants of the property known as xxxxxxxxxxxxxxxxxxx and the defendants are the landlords. The joint tenancy agreement was dated xxxxxxxxx 2009 and a copy is attached to this claim form.
   
5. The claimants paid the defendants a tenancy deposit of £625 on xxxxxxxxx 2009. A copy of the receipt is attached to this claim.
   
6. The defendants did not comply with section 213 (4) or section 213(6)(a) of the Housing Act 2004 in relation to the deposit.
   
7. The tenancy ended on xxxxxxxxxx 2010 and the deposit was not refunded. The claimants are not aware of any reason why the defendants should legally be allowed to keep the deposit.
   
8. The claimants have been denied the opportunity to use an alternative dispute resolution service to resolve their dispute with the landlords because the defendants did not comply with the requirements of section 213 of The Housing Act 2004 to protect the deposit with an authorised scheme.
   
9. The claimants apply for an order under section 214 (3)(a) Housing Act 2004 that the person who appears to the court to be holding the deposit must repay it to the claimants within 14 days from the date of the order.
   
10. The claimants also apply for an order under section 214 (4) of The Housing Act 2004 that the defendants must also pay the claimants a sum of money equal to three times the amount of the deposit within 14 days from the date of the order.
    
11. The claimants are therefore asking the court to make an order for the sum of £2500, being the total of the deposit of £625 plus an amount equivalent to three times the deposit.
    
12. The claimants also claim interest on the original deposit under section 69 of the County Courts Act 1984 at the rate of 8% a year, from xxxxxx 2009 (being the day after the last day on which the deposit should have been protected under section 213 (3) of The Housing Act 2004) to xxxxxx 2010 of £24.34.
    
13. The claimants also claim interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.14.
    
14. The claimants also claim costs.
    

Hopefully there will be no need to file this if the LL responds to the lba and just pays the deposit back as requested.

[no way]

This is my lba

 

LETTER BEFORE ACTION

 

Further to my email dated 26 April 2010 please find enclosed a copy of court form N208. This relates to the landlords’ failure to comply with section 213(4) or section 213(6)(a) of The Housing Act 2004 in relation to the tenancy deposit of £625 taken for the accommodation at xxxxxxxxxxxxxxxxxxxxxxxxx.

 

This form will be submitted to the county court at xxxxxxxxxxx on the 31st May 2010 without further notice if the deposit has not been repaid to us in full before that date.

 

You will note that section 214 of The Housing Act 2004 states that if the court is satisfied that the statutory requirements have not been complied with in relation to the deposit then not only must the court order the person who appears to the court to be holding the deposit to repay it to the applicant, but it must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit.

 

We will therefore be making a claim for £2,674.34 including court fees and interest on the original deposit if we do not receive settlement within 10 working days.