UK Landlord Forum / Life

Dear All,

I am seeking to find an answer to which County Court will have jurisdiction regarding a deposit claim through the Part 8 procedure?

The tenant will be the claimant. The landlord will be the defendant.

Is it the County Court, where the rented flat is located or Landlord's residence or the Tenant's residence, please? They currently reside at the property and the landlord will apply for permission to bring a counterclaim against the Tenants.

Wishing you all a less painful year ahead
Kind regards

My only experience of court proceedings is that the case is allocated to the court which is local to the claimant.

Than you very much.

Does that make any difference for Part 8 procedure claims. I am not sure.

The local County Court where the Flat is located and the tenant resides is ideal for me.

I am worried that it can be allocated to place where I (defendant) live. That is also the case in many jurisdictions.

Kind regards

When someone makes a claim they indicate where they would like it to be allocated. The courts may decide another venue, not all courts try all types of case, but most do.

Thank you very much.

If that will be helpful I spoke with the County Court Money Claim Online Centre over the phone. As far as I understood they will prioritise the Defendant's choice as in response to the issued claim.

Kind regards
Umut Ergul

Is it a claim for not having a deposit returned in full or a Deposit Protection Claim?

The latter are brought under Part56 which is a part8 track claim, started on the standard N208 form

Usually one uses the most local Court to the defendant but if they do it through a claim form they will likely use the address on the Tenancy Agreement or failing that the Land Registry deed for the property in question.

The defendant can ask for it to me moved to their locale.

There is a page on the main site that is quite useful

https://www.propertyinvestmentproject.co.uk/blog/tenant-threatening-legal-action-tenancy-deposit/

Quote from: herhav zundibi on January 03, 2023, 10:22:34 AM
Dear All,

I am seeking to find an answer to which County Court will have jurisdiction regarding a deposit claim through the Part 8 procedure?

The tenant will be the claimant. The landlord will be the defendant.

Is it the County Court, where the rented flat is located or Landlord's residence or the Tenant's residence, please? They currently reside at the property and the landlord will apply for permission to bring a counterclaim against the Tenants.

Wishing you all a less painful year ahead
Kind regards