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

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