Proper Place for TDS Claims

The Court Service has published guidance setting out that the proper route for bringing claims under the Tenancy Deposit Provisions of the Housing Act 2004 is via Part 8 of the Civil Procedure Rules.

Key points to note are:

  • these claims are automatically allocated to the multi-track which means that legal costs are recoverable irrespective of the size of the claim;
  • the claim must be commenced on a form N208 and not the standard N1 claim form;
  • the claim cannot be commenced using the moneyclaim online service;
  • the Claimant is required to serve a witness statement with their claim form setting out their evidence;
  • the Defendant is required to serve a witness statement with its aknowledgment of service setting out its evidence;
  • failure to serve witness statements at the appropriate times will preclude reliance onm evidence save by permission of the Court

A great many claims are currently not being commenced correctly and are not having the appropriate procedure followed.  While it is unlikely that a claim will be struck-out for following the improper procedure, a defendant may be precluded from giving evidence and there may be costs implications for both parties if the correct procedures are not followed.

One Trackback

  • By Tenancy Deposit Scheme - The Consumer Forums on 9th July 2009 at 9:07 pm

    […] rules are soon to be amended to state that all claims must be started using Part 8 procedure. this blog post explains a bit more. Claims will be automatically allocated to multi track (not small claims) […]

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