TDS Claim for Penalty: N208 vs N1?

[db6279]

My landlord protected my deposit incorrectly and did not issue all the PI.

 

 

I believe this means I can bring a claim against him for non protection,

but he has ignored my letter before action.

 

 

However, I am struggling with which form to use - N208 or N1.

 

 

Some landlord websites seem to suggest it must be N208/Part 8

(and CPR 56.1 certainly seems to suggest they are correct) a

nd that is a more costly route

(which they seem to take great delight in pointing out to deter tenants from claiming!).

 

 

I am happy to pay a solicitor in the knowledge that it is likely it will be claimed back.

Because of this I went to see a solicitor and have been quoted £750+VAT for him to act on the case.

 

 

Whilst this is fine IF I can recover the costs,

the solicitor seems to think this will be dealt with as a small claims case eventually

and so I will only be able to claim a fraction of that back.

 

 

Obviously, as its a fixed fee, if it is referred to the small claims track I would already be committed to paying it.

There is no financial sense in agreeing to pay this amount

(hearing representation is extra) as it means even if I am successful I may only end up with several hundred pounds.

 

I've also heard plenty of anecdotal evidence suggesting that deposit non protection claims are routinely heard in the small claims track and that is what most solicitors go with.

 

So whats the best option and why?

Should I start with N208 and if it gets 'downgraded' represent my self

and it it doesnt go back and ask the solicitor to represent me?

 

 

Should I start with N1 and hope LL doesn't point out that its the wrong form?

 

 

How hard is it to complete N208 as a LiP?

Edited June 22, 2016 by db6279

[db6279]

Not sure why the formatting has gone to hell. Wasnt like that when I first posted it! Apologies!

[AndyOrch]

The N208 Claim Form is for use in cases where you want to make a claim under Part 8 of the CPR. It should be used in any case where you are asking for the Court’s decision and there is unlikely to be any substantial dispute of fact.Your tenancy deposit case should be dealt with as a small claim if you are claiming less than £10,000 from your landlord. The court will decide how to deal with your case.

 

All tenancy deposits paid by an assured shorthold tenant have to be protected by the landlord in a government-backed scheme.Your landlord had until 23 June 2015 to protect your deposit if you paid your tenancy deposit before 6 April 2007, your fixed-term tenancy expired after this date and your tenancy hasn't been renewed since.

 

I personally do not think you require the services of a Solicitor to do this...there is plenty of advice here and on the web how to achieve this as LiP.

 

Regards

 

Andy

[db6279]

The N208 Claim Form is for use in cases where you want to make a claim under Part 8 of the CPR. It should be used in any case where you are asking for the Court’s decision and there is unlikely to be any substantial dispute of fact.Your tenancy deposit case should be dealt with as a small claim if you are claiming less than £10,000 from your landlord. The court will decide how to deal with your case.

 

All tenancy deposits paid by an assured shorthold tenant have to be protected by the landlord in a government-backed scheme.Your landlord had until 23 June 2015 to protect your deposit if you paid your tenancy deposit before 6 April 2007, your fixed-term tenancy expired after this date and your tenancy hasn't been renewed since.

 

I personally do not think you require the services of a Solicitor to do this...there is plenty of advice here and on the web how to achieve this as LiP.

 

Regards

 

Andy

 

Im so grateful to get a reply! Thank you!

 

I spoke to the county court today and the clerk insisted to me that it was form N1. Now, I've heard plenty of stories that say she is wrong and I certainly believe you that N208 is the correct form.

 

What I'm struggling to get my head around is on a landlords forum I was told this form/route is far more complicated, costs are higher but are recoverable. Obviously in the SCC, costs are not recoverable (beyond £90). That is why I approached a solicitor.

 

If I understand you correctly, I fill out form N208 and then the court will (likely) allocate it to the SCC anyway and it will proceed as a small claims case? I would be happy to represent myself in such a case but was a bit worried that it would be allocated to the multi track instead.

[AndyOrch]

If you look at CPR 56 (PD 3)

 

56.3

(1) This rule applies to a claim for a new tenancy under section 24 and to a claim for the termination of a tenancy under section 29(2) of the 1954 Act.

(2) In this rule –

(a) ‘the 1954 Act’ means the Landlord and Tenant Act 1954;

(b) ‘an unopposed claim’ means a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed;

© ‘an opposed claim’ means a claim for –

(i) a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or

(ii) the termination of a tenancy under section 29(2) of the 1954 Act.

(3) Where the claim is an unopposed claim –

(a) the claimant must use the Part 8 procedure, but the following rules do not apply –

 

 

The only difference in the procedure N1 (part 7)vers N208 (part 8) is that you have to state a money amount on the N1 as with the N208..its left to the courts discretion.

If you know exactly the amount involved then there is no reason why you cant use the N1 (part 7)

 

Andy