Section 214 of the Housing Act 2004 is the section under which a tenant can claim the penalty of between 2 to 3 times the deposit sum if the landlord has failed to protect the deposit and serve the prescribed information within 30 days.
I have been doing a bit of research on the correct procedure for this (or rather trying to do research) and have come to a full stop.
A year or so ago a note was put up on the old County Court site saying the claims for the penalty under s214 had to be started using the Part 8 procedure.
The other procedures are the standard Part 7 procedure using form N1, and the moneyclaim online procedure.
I can’t seem to find anything in the Civil Procedure now about section 214 save for a note in Part 56 of the Civil Procedure rules. This says
(1) In this Section of this Part ‘landlord and tenant claim’ means a claim under – …
f) section 214 of the Housing Act 20046.
(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.
And thats it. There is no mention of s214 anywhere else in that section that I can find. Or in the practice note.
Does this mean that using the Part 7 / form N1 procedure is now acceptable for tenancy deposit claims? Presumably so. What are people using?