If your landlord failed to protect your deposit, choosing a court form should not depend on whether they agree with your account. In England, a statutory deposit protection claim under section 214 of the Housing Act 2004 must start under Part 8, normally using form N208. That remains the starting procedure even if facts are disputed.
For other landlord disputes, the choice can be different. This guide explains the distinction, what to send with N208, and what happens after service. Welsh occupation-contract deposit claims have a separate procedure, covered below.
When must a tenant use Part 8?
CPR Part 56 includes section 214 deposit protection claims within landlord and tenant claims. Practice Direction 56, paragraph 2.1 requires those claims to start under Part 8. The government's deposit guidance directs tenants to form N208.
This covers a claim that the landlord failed to comply with the deposit protection or prescribed information requirements. It is different from simply disagreeing about a cleaning deduction from a properly protected deposit.
For Welsh occupation contracts, claims under paragraphs 2 or 3 of Schedule 5 to the Renting Homes (Wales) Act 2016 must normally use Part 7, unless brought as a counterclaim. That rule appears in Practice Direction 56A, paragraph 4.13. Do not apply the English N208 guidance automatically to a Welsh contract.
How do Part 7 and Part 8 differ?
Where no specific rule requires a procedure, CPR 8.1 permits Part 8 where the claimant seeks a decision on a question unlikely to involve a substantial dispute of fact. A question about the meaning of an agreed tenancy clause may fit. An ordinary damages claim involving contested events will generally use Part 7.
The key is to check for a specific rule first. “We disagree about the facts” does not let you bypass the mandatory Part 8 starting procedure for an English section 214 claim. Equally, choosing N208 does not guarantee a short hearing or avoid evidence about disputed facts.
If the court considers another procedure appropriate, it can order the claim to continue differently and give directions. Filing under the wrong procedure can cause delay and costs, but it does not inevitably mean the claim is struck out.
What should you prepare before completing N208?
Write to the landlord setting out the problem, what you seek, and the supporting documents. Follow any applicable pre-action requirements and allow a reasonable response period. Keep the reply, or a record that none arrived.
For a deposit protection claim, collect the tenancy agreement, proof of payment, scheme search results, any protection certificate, the prescribed information and relevant messages. Record the dates: when the landlord received the deposit, when it was protected, and when the information reached you.
If the landlord disputes receiving the money, include the bank entry and any acknowledgment. If they say they supplied the information on time, explain what you received and when. A short chronology helps the court understand the disagreement without searching through months of correspondence.
Check the defendant's legal identity and an address for service. An agent who collected the money is not automatically the correct defendant for every remedy.
How do you complete the N208 form?
Download the current N208 form from GOV.UK. Identify the parties and state that you are using Part 8, including the enactment under which you claim where relevant.
Explain the remedy you seek. For a section 214 claim, identify the alleged protection or information failure and the statutory orders sought, including compensation and any applicable order concerning the deposit itself. N208 is not limited to asking for a declaration about an abstract legal question.
File your written evidence with the claim form. A witness statement should explain the relevant events in numbered paragraphs, identify its supporting documents, and include the required statement of truth. Serve the evidence with the claim form, subject to any court direction.
Check the current court fee and whether you qualify for Help with Fees. Follow the filing and service instructions carefully and keep copies of everything submitted.
What happens after the claim is served?
Under CPR 8.3, the defendant normally has 14 days after service of the claim form to file an acknowledgment of service. The clock runs from service, not from the day you filled in or filed the form. Rules about deemed service and time calculation can affect the date.
A defendant who wants to rely on written evidence normally files it with that acknowledgment and serves it on the other parties. If they object to Part 8, they should explain why. The court decides how the case proceeds and may give directions about further evidence or a hearing.
Do not assume silence gives you an automatic win: the usual Part 12 default judgment procedure does not apply to Part 8 claims. Follow the court's directions and deadlines throughout.
What if your dispute belongs somewhere else?
For deductions from a protected deposit, consider the scheme's free adjudication service. Both sides must agree to use it. An ordinary court claim to recover disputed deductions generally uses Part 7, rather than the section 214 route.
Rent repayment orders in England go to the First-tier Tribunal, using a different application. Our rent repayment order guide explains qualifying offences, eligible rent periods and deadlines.
Remedy can help organise your documents and explain the routes available. Check the legal basis of your claim before filing: that determines the procedure, evidence and remedy you should ask for.
