s.214 Claims against a landlord

[Miss Hope]

Can someone please clarify exactly what Form I am supposed to complete for a section 214 claim against a landlord for non-protection of deposit monies. Is it N1 or N281? I obviously need to do it the cheapest way possible. I am also representing myself.

Thank you.

[AndyOrch]

http://www.landlordlawblog.co.uk/2012/11/13/what-is-the-correct-procedure-for-claims-under-s-of-the-housing-act/

 

Thread moved to the appropriate forum.

 

Regards

 

Andy

[Miss Hope]

An order was made for a debt I owe to a landlord but I applied to have it set aside

while my counterclaim was considered.

 

 

When my counterclaim is considered, it will reduce the debt by 50% making my debt £4k.

I have been running around to see if I can raise this money before the next hearing because I don't want a CCJ.

 

Meanwhile

I just got a letter in wanting £5k in solicitors costs and counsel fees on top of the £3k for their previous legal fees.

This has thrown me off my chair in shock - there's no way I can pay.

 

 

I'm struggling already as a single parent on a low income.

I've got no car or assets either.

If they take it out my income we'll starve.

 

Is there something I can do like apply to the court to have the landlord pay his own fees?

Otherwise I may as well just give up

[Miss Hope]

Where has this thread been moved to please as I can't find it

[honeybee13]

You've posted on it, Miss Hope.

 

Here's a link in case you want to bookmark it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458060-s.214-Claims-against-a-landlord&p=4860467#post4860467

 

HB

[Miss Hope]

Honeybee - you've lumped both my queries together !! They're not related !!! Can you put it back please

[honeybee13]

That wasn't me, Miss Hope. I'll let the site team know.

 

HB

[DavidP24]

Can someone please clarify exactly what Form I am supposed to complete for a section 214 claim against a landlord for non-protection of deposit monies. Is it N1 or N281? I obviously need to do it the cheapest way possible. I am also representing myself.

Thank you.

 

I have had first hand experience of this, many people say that Courts turn a blind eye if CPR are not followed but not if the other party has a Barrister who will refer to white book notes that are not even on the MOJ website.

 

How do I know?

 

It happened to me and cost me, I queried why two forms were needed and got them to accept one only to have the Judge and for them to throw it out.

 

So these are the two forms you need, if you need help filling them out PM me and I might be able to send you a link to or email you a completed one.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

 

You should be aware that the law in this area was updated in 2015 with the deregulation act.

 

Technically yours is not a counterclaim as the Landlords case has finished and you lost.

 

My advice to ANYONE using this procedure in Court is to use a lawyer, you do not stand a chance representing in person when the Landlord brings in Counsel. To add insult to injury you have to pay their fees if you lose. Do not use a no win no fee lawyer as they use your settlement, I can recommend one in London who specialise in this. It does not matter if you are far from London as the other side will be paying your costs.

 

You can only avoid legal fee of other side if there is grounds for appeal, if you owed the money as rent and you did not pay you do not really have right of appeal. Generally right of appeal is when you are asking a Court to consider something that the original Judge missed.

 

There are two aspects of the obligation of the landlord,, 1st is to protect the deposit, 2nd is to issue prescribed information telling you where it is held, PI is exactly that, they have to tell you specifics in the way it sets out. So if a Landlord said your deposit is held at the DPS but did not give you details they would fail PI, but Judge would be sympathetic if they did indeed protect it in your name.

 

The minimum you get is 1x deposit plus the deposit back, the max is 3x the deposit plus the deposit back.

 

DO NOT allow the Landlord to return your deposit, do not provide them bank details or let them give you a cheque.

 

Now if you are smart you do not even go to Court.

 

You write a letter directly to the Landlord, you say that you are writing to advise him that you are now taking legal action against them for failure to protect deposit and failure to provide Prescribed infornmation relating to said deposit.

 

You say that despite the history you would like to give them a chance to resolve this matter amicably without the expense of legal representation of both sides. You say that any communication at all from his solicitor will be seen as his declining your offer of an amicable settlement as you will feel the need to have your own lawyer respond.

 

You then lay out your offer, now if it is a slam dunk case that he did not protect deposit or provide the PI then you ask for 3x rent plus the return of the deposit. The benefit to him is that he avoids paying his and your legal fees. Say that this amount is non negotible. You also request that he provide you with a positive reference. You then throw in the sweetener, you say that upon receipt of his payment you will then pay it toward the current amount you owe him. You need to give him 7 days to agree or decline your offer.

 

If he did not protect the deposit then he knows he will lose and his own lawyer should tell him to accept offer as he will save on paying two sides legal fees.

 

If he tries to negotiate, stand your ground and say that you want to resolve amicably and you have made a fair and reasonable offer that will save him £3k to £5k in legal fees on top of the S214 sanction of 3x rent and the deposit.

 

If he will not negotiate then the Court will take a dim view of him wasting their time, you can say "I did try to resolve matter without legal fees but Landlord left me no choice".

 

The other thing to be aware of is that it is always the Landlord that is responsible, do not engage with agents or be fobbed off. I had an agent try to run rings around a friend of mine, they would not return deposit, tried to suggest that my friend had to pay fees etc etc. We got 100% of the money back because the Landlord had his lawyer put pressure on agent to avoid S214 sanctions.

 

Do not give up, this is easy money, it is a material fact that deposit was not protected.

[AndyOrch]

" So these are the two forms you need, if you need help filling them out PM me and I might be able to send you a link to or email you a completed one."

 

If I may remind you of the forum rules ....no need for PMs keep all the advice here on the thread please.

 

Regards

 

Andy