For Information;

Myself and a number of others have come up with the following possible wording for TDS non-compliance claims. This is to be used in conjunction with the N208 County Court Claim Form.

I would add the health warning that we still aren’t 100% sure that the N208 is the correct way to go (the other option being N1). You have been warned!!

The applicant makes a claim under the Housing Act 2004 section 214(1)(a) that the deposit of £825 as required in the Assured Shorthold Tenancy for 'the rental address' was not paid in to an appropriate tenancy deposit scheme (in accordance with section 213 (1) of the Housing Act 2004) or the applicant did not received the prescribed information concerning which Tenancy Deposit Scheme was to hold the deposit, within 14 days of the defendants receipt of the deposit (in accordance with section 213 (3) of the Housing Act 2004).

1) The applicant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (3) which states the following;

(a) "order the person who appears to the court to be holding the deposit to repay it to the applicant"

A total of (Insert £ Original Deposit amount here)

And I understand that the Court Must also do the following;

2) The applicant asks that the court makes an order in accordance with the Housing Act 2004. Section 214 (4) which states the following;

"The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

A total of (Insert £ x3 original deposit amount here)

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from (Insert Date deposit should have been returned) to (Date you Submit the Application) of (Insert £ worked out using the court interest rate calculation from their website) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of (Insert £ worked out using the court interest rate calculation from their website).

I am therefore seeking payment of (Insert £ of original deposit + X3 Deposit), court fee and interest.

http://www.hmcourts-service.gov.uk/n...ex302_0406.pdf - Link on how to work out interest on original deposit only.

http://www.hmcourts-service.gov.uk/c.....;/n208_1000.pdf - Link to N208 Claim Form

http://www.hmcourts-service.gov.uk/c...n208a_0499.pdf - Link to N208 guidance notes.

Love to here your comments.

check out the law here
http://www.england-legislation.hmso.gov.uk..._20040034_en_19
Section 214 (4) (bottom of the page)

but go to the next section http://www.england-legislation.hmso.gov.uk..._20040034_en_20
and if the LL didnt put the deposit in a proper deposit scheme then S21 (eviction notices) can not be served until the LL has become compliant with the deposit so .......

And I would add section 21 cant be used not only when the deposit is not in a TDS scheme, but also when the prescribed information concerning that scheme has not been passed onto the tenant within 14 days of deposit receipt, both of these conditions must have been met.