Fox v Hill, Preston County Court, 21 January 2010, 9PR01873

We seem to be on a bit of a run at the moment as the Guild has helped win another case for it’s members.

Should a landlord get a claim for three times deposit by a tenant for a failure to protect a deposit, there is a special procedure that must be followed. A simple small claim form (N1) may not be sufficient.

On 5 July 2008, the defendant landlord (Hill) granted an assured shorthold tenancy to the claimant (Fox). The core terms being that it was a tenancy for a fixed term of 6 months at a rent of £500.00pcm. A deposit of £500.00 was paid. As can probably be assumed by now, the deposit wasn’t protected.

On the 14 July 2009 the claimant issued claim form N1 (part 7 claim) to Preston County Court, seeking the amount of £2,000 representing £500.00 for the return of the deposit and £1,500 compensation.

On 17 July 2009, the deposit was protected and prescribed information provided.

Part 56.1 of the Civil Procedure Rules provides that ... Please login or signup to continue reading this content

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