Q&As

Should a claim under section 214 of the Housing Act 2004 be made under CPR 7 or 8?

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Published on LexisPSL on 17/09/2019

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

  • Should a claim under section 214 of the Housing Act 2004 be made under CPR 7 or 8?

Should a claim under section 214 of the Housing Act 2004 be made under CPR 7 or 8?

Where a landlord takes a deposit in respect of an assured tenancy under the Housing Act 1988 (HA 1988), there is a requirement to protect it in accordance with the provisions of the Housing Act 2004 (HA 2004). The precise requirements vary according to when the deposit was taken. In summary, where a landlord receives a deposit in connection with an assured tenancy, two steps must be taken within 30 days. First, the deposit must be protected in an authorised scheme. Second certain prescribed information must be given to the tenant. The prescribed information is to be found in the Housing (Tenancy Deposit) (Prescribed Information) Order 2007, SI 2007/797.

A failure to do so not only restricts the ability of the landlord to serve a notice under HA 1988, s 21 but also entitles the tenant to apply to the court for an order for the return of the deposit and the payment of the sum not less than one but not more than three times its value.

It is assumed therefore that the tenant in the present case has decided that there has been a breach of the requirements under HA 2004 and wishes to make a claim.

Along with proceedings under a number of statutes, a claim under

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