It seems that a claim under s 214 of the Housing Act 2004 for deposit return and penalty must be brought under CPR Pt 8...
It seems that a claim under s 214 of the Housing Act 2004 for deposit return and penalty must be brought under CPR Pt 8 (CPR 56.1 and CPR PD56). Does this not mean that costs budgeting along with a disclosure report etc will be needed in this type of case and that the claimant will be condemned to pay a multi-track hearing fee of £1,090 (on top of the listing fee)? Some of theses claims may be worth less than £5,000, let alone £10,000.
You are correct that the Pt 8 procedure must be used to commence the claim. However, a deemed multi-track claim such as this will usually be more appropriate for another track because of the factual issues involved or value or both. The procedural judge would have a wide discretion to reallocate to whatever would be the appropriate track according to maximum value and the question of reallocation should be referred to the court at an
