Q&As

In a claim under section 214 of the Housing Act 2004 for a financial penalty for failure to protect a deposit, can the landlord set off and counterclaim for arrears or damages for disrepair? Does it matter that the claim is required by CPR PD 56.2 to be brought under Part 8?

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Published on LexisPSL on 28/09/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • In a claim under section 214 of the Housing Act 2004 for a financial penalty for failure to protect a deposit, can the landlord set off and counterclaim for arrears or damages for disrepair? Does it matter that the claim is required by CPR PD 56.2 to be brought under Part 8?

In a claim under section 214 of the Housing Act 2004 for a financial penalty for failure to protect a deposit, can the landlord set off and counterclaim for arrears or damages for disrepair? Does it matter that the claim is required by CPR PD 56.2 to be brought under Part 8?

Where a landlord takes a deposit in respect of an assured tenancy under the Housing Act 1988, there is a requirement to protect it in accordance with the provisions of the Housing Act 2004 (HA 2004), specifically HA 2004, s 213.

Under HA 2004, s 214, where a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, the tenant or any relevant person may make an application to the county court on the grounds that the requirements to protect it have not been complied with.

If non-compliance is proved, the court must order the party that appears to be holding the deposit to:

  1. repay it to the tenant or the relevant person, or

  2. (where the tenancy is continuing) pay it into a custodial scheme

within 14 days beginning with the date of the order.

Further, the court must also order the landlord to pay the tenant or the relevant person a sum between one and three times the deposit within 14 days of the date of the order. The

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