seeking help for a rare case in small claim

[helpscan333]

Hi there, for your convenience, I provide a brief overview of the process:

1. In September last year, I paid £600 to the agent (which I believed to be a deposit).
She sent me a contract to sign. However, when I discovered that the contract required full payment, which she hadn't informed me of beforehand, I messaged her I didn't want the property. She responded saying she would refund the deposit once I found another tenant, but I refused, stating that finding another tenant wasn't within my rights.
2. I never moved into the property. The deposit has not been secured yet. Now I've discovered she've transferred it to someone else without informing me. The deposit still hasn't been refunded to me.
3. I intend to sue them. I'm not sure about the possibility of success.

Now I have two questions now about the procedure of making a small claim:

1. Can I use N208 form to make a small claim for the deposit £600?

2. What is the next step after I download the form and fill it out?

Thank you very much !

[atticus]

Wrong form. You need the Part 7 claim form, N1. Why not use MoneyClaim Online?

[helpscan333]

Thank you for the reply! I have tried via https://www1.moneyclaims.service.gov.uk/eligibility, but after I answered all the questions, it told me that I cannot use the claim online.
So I could only use N1 to make small claim?

[Pezza54]

Tenancy deposit schemes fall out the scope of MCOL. These deposit schemes involve protecting tenants' deposits in accordance with legal requirements
Yes you can use form N1 (see CPR Part 7)
Don't forget to claim interest
Don't forget pre-action protocol - LBA See SHORTCUTS Pre-Action Letters on the righthand side of this page

[islandgirl]

Not sure how a deposit scheme is involved? I am assuming the agent just kept the money as a "holding" deposit and did not pay it into a scheme?

[helpscan333]

Thank you very much.
I have sent her the letter before claim, but no reply.
So after filling out the N1, the next step is to post it to the court?

[helpscan333]

I am not sure about the exact nature of this £600.
The amount is equal to one month's rent. The contract said the deposit is £600
But I never moved into the house, and she did not give it back to me, nor secure it.

[Pezza54]

If the contract states it is a deposit, it is a deposit.
Have you decided whether to include your PoC (2 copies) with the claim form or send it to the defendant later (and at the same time file a copy with the court)?
The claim form should be posted (first class with receipt as proof of postage) to the Money Claims Business Centre at Northampton

[atticus]

You may have an additional claim for not protecting the deposit.

[islandgirl]

But the tenancy did not commence so no need to place in a scheme?

[Pezza54]

OP did state the deposit was transferred to someone else in the 4th quarter of last year. So could it have been put in a scheme then?

[islandgirl]

I did not understand that - I assumed the person who did rent had no link to the OP and this was just a turn of phrase? Perhaps the OP can clarify. A LL has 30 days to protect a deposit I believe.

[atticus]

s214 Housing Act 2004: "Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme."

I agree that we are not proceeding on the basis of complete information.

[islandgirl]

Shelter say "Your landlord or agent has 30 days from when they receive your deposit to:
protect it with an authorised scheme"

Contract not signed, did not move in, hence no tenancy? This is why I do not think the normal deposit rules apply though there is obviously something we do not know...perhaps the OP can clarify?

[atticus]

But was it "paid to a person in connection with a shorthold tenancy"? Note that I am quoting the legislation.

Clarification from the OP would be useful.