Advice on N208

[want to be a happy Tenant]

Sorry for the long e-mail….I have got few questions. I would really appreciate your help.

 

I have already sent a Letter before action to my LL 2 weeks ago but he has not replied yet. And he is not intending to reply. So Now I want to submit the N208.

 

Please have a read at through my N208. And give me your feedback…

 

My N208:

 

The applicant makes a claim under the Housing Act 2004 section 214(1)(a) that the deposit of £xx.00 as required in the Assured Shorthold Tenancy for ‘address ' was not paid in to an appropriate tenancy deposit scheme (in accordance with section 213 (1) of the Housing Act 2004) or the applicant did not received the prescribed information concerning which Tenancy Deposit Scheme was to hold the deposit, within 14 days of the defendants receipt of the deposit (in accordance with section 213 (3) of the Housing Act 2004).

 

1) The applicant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (3) which states the following;

 

(a) "order the person who appears to the court to be holding the deposit to repay it to the applicant"

 

A total of £original.00

 

And I understand that the Court Must also do the following;

 

2) The applicant asks that the court makes an order in accordance with the Housing Act 2004. Section 214 (4) which states the following;

 

"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.”

 

A total of £3x original.00

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from (14 days after the LETTER BEFORE ACTION) to (Date I Submit the Application) of £ original + 3x original.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £ 0.xx

 

I am therefore seeking payment of (£xx.00 of original deposit + X 3 Deposit), court fee and interest.

 

 

Do I need to submit any supporting document with my TDS-N208 claim?

 

What is the process of submitting N208. I mean how do I submit it and where, how, how to pay , how to get hearing date. What are the steps.

Plz forgive me for asking too many questions as I am very new to all this. I would like to take advantage of this forum to the fullest.

 

Sorry help me kick his butt. I thought of starting a new thread as well. I did not know it before how to start but i do now.

 

Thanks in advance.

Edited March 17, 2009 by want to be a happy Tenant

[want to be a happy Tenant]

I have just tried to contact my LL to confirm that he is not intending to reply. but his employee said he is not willing to talk to me.

 

now I am thinking of e-mailing his empoyee to confirm that the LL of the property has not replied to me within the 14 dyas time limit and not willing to talk to me.

 

I want to do it just to show the judge that i made an attempt to contact him but he did not reply.

 

Can someone suggest a proffestional looking e-mail. for the above matter.

 

One more important bit for my N208 claim:

 

My LL has quite a few properties. he runs his own rental agency of sort. and my tenancy contract has his agency name. now who should my claim be addressed to??

 

As he is the LL as well as the employer of that agency employees as well. He always communicates through his employees by e-mail.

 

Thankx.

Edited March 17, 2009 by want to be a happy Tenant

[DisgruntledTenant]

Hi there... am just going through the same issues myself... and having the same problems. Think I have it sorted and will be sending mine off on Friday.

 

I included to defendants, the Letting Agency, and also the LL. The actual agreement is with the LL's company, so I put the LL trading as [LL's Company].

 

Also, in my N208, I have

"Part 8 of the Civil Procedure Rules applies to this claim. The question being have the defendants complied with the Housing Act 2004 by treating the claimants deposit as required and notifying the claimants within 14 days of doing so, as required?

AND THE CLAIMANT CLAIMS

1. Remedy as set out in paragraph 1 above;

2. Interest pursuant to statute as detailed in paragraph 2 above; and

3. All relevant court and solicitor costs along with the cost of attendance."

 

And then listed all the documents that I have in supporting evidence. Naturally I have no idea if this is right or not, but thorugh advice on these forums, it seems to be ok.

 

You do realise that if you are still a tenant, that the LL only needs to protect the deposit before going to court, and he will get off?

 

Keep us up to date and I'll do the same...

[want to be a happy Tenant]

I have already moved out of property on 1st Jan 2009.

 

One more problem:

 

Now I have moved to a different town. Now which court should I submit my N208 claim form to ?

 

I would like to submit where I live now. Also where I live there is no county court. I only has following options:

my town combined court centre

my town District Magistrats court

my town District probate registry

 

1. Where to go?

 

2.What should I tick for the human rights option: yes or no

 

3.Do I need to fill : Court fee, Solisitor Cost, issue date etc.

 

4. My LL has quite a few properties. he runs his own rental agency of sort. and my tenancy contract has his agency name. now who should my claim be addressed to??

 

As he is the LL as well as the employer of that agency employees as well. He always communicates through his employees by e-mail.

 

5. How much is the fee to submit N208? How can I pay it?

 

Thanx

Edited March 17, 2009 by want to be a happy Tenant

[want to be a happy Tenant]

no replies yet...................

Edited March 18, 2009 by want to be a happy Tenant

[Planner]

I have already moved out of property on 1st Jan 2009. Indications are that the deposit can be protected all the way up until the court date, tenant or not.

 

One more problem:

 

Now I have moved to a different town. Now which court should I submit my N208 claim form to ? The one you live in now, although your former LL can request that the case is heard in one convenient for him.

 

I would like to submit where I live now. Also where I live there is no county court. I only has following options:

my town combined court centre This is the County Court.

my town District Magistrats court

my town District probate registry

 

1. Where to go? I hear Turkey is nice this time of year

 

2.What should I tick for the human rights option: yes or no Definatley No

 

3.Do I need to fill : Court fee, Solisitor Cost, issue date etc. Fill in the relevant ones.

 

4. My LL has quite a few properties. he runs his own rental agency of sort. and my tenancy contract has his agency name. now who should my claim be addressed to?? Good question, is it his agency?

 

As he is the LL as well as the employer of that agency employees as well. He always communicates through his employees by e-mail.

 

5. How much is the fee to submit N208? How can I pay it? £150. Cash or cheque I believe.

 

Thanx

Hope this helps.

[want to be a happy Tenant]

Thankx for your reply planner:

 

1. I meant which court to go.. but thanx for your turkey suggestion neways. will go after I win my claim.

 

3. how would I know the cost of solisitors? Its not the cost of my solicitor or is it?

 

4. Yes, It is his agency. I am not sure wether he is the only owner or he has his wife or someone elses name with him to save tax. not sure. Can I put like: 'his name' trading as his 'agency name' but mind you his is also the owner of the property.

 

5. N208 claim form fees-Cheque on whose name? Can someone else/a friend submit my completed N208 to court?

Edited March 18, 2009 by want to be a happy Tenant

[Planner]

Thankx for your reply planner:

 

1. I meant which court to go.. but thanx for your turkey suggestion neways. will go after I win my claim. Your own Court in your town (the combined court). Although the landlord can request that the actually hearing take place at one convenient for them.

 

3. how would I know the cost of solisitors? Its not the cost of my solicitor or is it? I said fill in the relevant ones. If you arent using a solicitor, leave it blank.

 

4. Yes, It is his agency. I am not sure wether he is the only owner or he has his wife or someone elses name with him to save tax. not sure. Can I put like: 'his name' trading as his 'agency name' but mind you his is also the owner of the property. Its a difficult one. I would do it as his name plus the address you have for him (either buisiness or home).

 

5. N208 claim form fees-Cheque on whose name? Can someone else/a friend submit my completed N208 to court? Ring your combined court and ask about payment details. I dont see why someone else cant submit the claim to the court for you, as long as its your name and signature etc.

 

Good luck, keep us posted.

[want to be a happy Tenant]

Hi,

 

Do I need to submit any supporting document with my TDS-N208 claim?

 

1. I can submit my contract - but would it prove anything.

 

2. Letter before Action- showing that I have tried to solve it outside the court.

3. anything else??

4. how many copies N208 do I submit

 

Plz advice

 

thanx.

Edited March 18, 2009 by want to be a happy Tenant

[DisgruntledTenant]

Do I need to submit any supporting document with my TDS-N208 claim?

 

 

I'm about to submit the following:

 

Tenancy Agreement (proves the amount of rent paid, and that you are an assured shorthold tenant, and that your rent was less than 25000 per year, and that you have an agreement with him in the first place - lots of things!"

Letters to and from the 3 TDS's to prove non compliance

HMCS guidance notes

Emails to the LL asking for information on which TDS our money was held with

Emails asking for the full deposit back

LBA

[want to be a happy Tenant]

Very important: urgent advice needed:

As I am going to submit my N208 very soon.

Well Its bit late but not too late. It has come to my attention that my tenancy contract has my as well as my wife's name..i.e Mr & Mrs....

The contract states:

"

this agreement is between us:

 

Rental agency name (which my Land lord owns as I mentined earlier)

 

and you (individually and together):

 

Mr and Mrs.....

"

Now then for this N208 form do I need to include my wife name as well. And for that sake for any future corospondance with the LL as well??

 

Thanks.

Edited March 19, 2009 by want to be a happy Tenant

[want to be a happy Tenant]

no replies yet..................

[Planner]

Yes, include your wifes name as well.

[want to be a happy Tenant]

Which form to sumit N1/ N208/Part 7 ?

 

 

Is The Part 8 is for when you are seeking an injuction or for the judge to do something unrelated to money, ie protect the deposit.

 

And Part 7 for Post tenancy you're seeking for the return of the deposit, so cash and hence Part 7.

[Mr Pipps]

Have you seen this document?

 

Providing it's the most up-to-date document issued by HMCS on this matter, then it would suggest that a 'CPR Part 8' form is the one for you!

[want to be a happy Tenant]

Hi,

 

Yes, I have seen it before. but one of the user of this forum went to the court today to submit his N208 and was told :

The Part 8 is for when One is seeking an injuction or for the judge to do something unrelated to money, ie protect the deposit.

 

And Part 7 for Post tenancy when seeking for the return of the deposit, so cash and hence Part 7.

 

What to DO?????????

 

Have you seen this document?

 

Providing it's the most up-to-date document issued by HMCS on this matter, then it would suggest that a 'CPR Part 8' form is the one for you!

Edited March 26, 2009 by want to be a happy Tenant

[Mr Pipps]

I see the deeper reason for your question now.

 

Yet despite the supposed advice from another forum member, the published guidance is explicit, and should be used unless a judge advises otherwise.

 

Your claim would not fall down or be struck out simply because you used a slightly different form. Just refer to the published guidance if ever questioned, and you'll be fine.

 

I also do not feel that the argument presented for using the Part 7 form is sufficiently credible to deviate from the publicly advised practise.

[Planner]

Hi,

 

Yes, I have seen it before. but one of the user of this forum went to the court today to submit his N208 and was told :

The Part 8 is for when One is seeking an injuction or for the judge to do something unrelated to money, ie protect the deposit.

 

And Part 7 for Post tenancy when seeking for the return of the deposit, so cash and hence Part 7.

 

What to DO?????????

 

The admin people at the court are simply wrong. The correct form for tdsnon-compliance is N208.

 

Take the court guidance with you from the provided link and show them they are wrong. Remember, if court admin had left school with GCSEs they would be working in McDonalds rather than your county court.....

[Mr Pipps]

The admin people at a certain county court in Birmingham once told me that they were not allowed to provide a receipt for the filing of an amended statement of case as directed.

 

It just goes to show...

[Gazedo]

Part 56 (now covering s.214 HA 2004 claims) states at 56.2:

 

"The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise"

 

[paragraph (2) relates to claims in the High Court]

 

PART 56 - LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

[want to be a happy Tenant]

But I was told by the planner about which court to go is:

"Your own Court in your town (the combined court). Although the landlord can request that the actually hearing take place at one convenient for them. "

Well, now I am confused again. Which court to go? It would have been great if I could claim it in my town court and the trouble my LL could have got out of it.

 

 

Plz point in the right direction.

 

Thanx.

[DevilWearsPrimark]

You take it to your local court. Its then for the LL to request if s/he wishes it to be heard in a different court, and as I understand it that is not automatically granted.

[want to be a happy Tenant]

Hi,

 

I hope what DevilWearsPrimarksaying is correct but

 

GAZEDO says:

"Part 56 (now covering s.214 HA 2004 claims) states at 56.2:

 

"The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise"

 

[paragraph (2) relates to claims in the High Court]

 

PART 56 - LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

 

AND PLANNER Says:

"Your own Court in your town (the combined court). Although the landlord can request that the actually hearing take place at one convenient for them. "

 

Well, now I am still confused again. Which court to go? It would have been great if I could claim it in my town court.

 

 

Plz Advice. Thanx.

 

You take it to your local court. Its then for the LL to request if s/he wishes it to be heard in a different court, and as I understand it that is not automatically granted.

[Planner]

Hi,

 

I hope what DevilWearsPrimarksaying is correct but

 

GAZEDO says:

"Part 56 (now covering s.214 HA 2004 claims) states at 56.2:

 

"The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise"

 

[paragraph (2) relates to claims in the High Court]

 

PART 56 - LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

 

AND PLANNER Says:

 

"Your own Court in your town (the combined court). Although the landlord can request that the actually hearing take place at one convenient for them. "

 

Well, now I am still confused again. Which court to go? It would have been great if I could claim it in my town court.

 

 

Plz Advice. Thanx.

 

Well you learn something new every day!. That must be quite a recent update to the CPR. It looks like you are going to have to file it in the court that covers where the property was related. Failing that, it seems that you can get a statement of truth affidavit, outlining the reasons why you can file it at the other court. If its really a struggle to file at the other court, print and fill in a statement of truth, you can get it signed by the court at the same time you submitt the application.

[want to be a happy Tenant]

Hi,

 

Could you-Planner or some one else provide any sort of template to write statement of truth outlining what you mentioned.

the reasons I will have are simlple:

1. there are two claimants -me & my wife compare to one defendant

2. we don't have private transport. we rely on public transport though the ditance it not too great but it is very expensive(Aprx. £250.00) to & from the land located -city by public transport

3. We will have to take a day off from work where as the defedant-LL has his own business and also employees working form him so he can manage day off from his work+ he has his own vehicle.

4. our journey is 3.30 hours + will have to make 2 changes.

 

Plz help me to write the above professionaly to provide it to court so that I can submit it to the court local to me. I also think if I submit my N208 without outlining above with statement of truth to my local court and gets accepted and then my LL gets a chance first to get it chancged to his court and I dont' want to give that precious chance to him.

 

Plz help me write the above presentable to court to get approval so that I can submit it to my local court.

 

Thanx. Plz reply asap.

 

Well you learn something new every day!. That must be quite a recent update to the CPR. It looks like you are going to have to file it in the court that covers where the property was related. Failing that, it seems that you can get a statement of truth affidavit, outlining the reasons why you can file it at the other court. If its really a struggle to file at the other court, print and fill in a statement of truth, you can get it signed by the court at the same time you submitt the application.