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Accordingly myriad materials online including as authoritative as Shelter, section 214 claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within the threshold for the small claims track. What is the purpose of the Part 8 claim procedure, and why must s214 claims use it?

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  • Why use Part 8?

Because the Civil Procedure Rules say so.

See Practice Direction 56.2(2.1):

...the claimant in a landlord and tenant claim must use the Part 8 procedure as modified by Part 56 and this practice direction.

And Rule 56.1(1)(f):

(1) In this Section of this Part ‘landlord and tenant claim means a claim under –

...

(f) section 214 of the Housing Act 2004.

  • What is its purpose?

Shelter's handy guide offers this:

The Part 8 procedure is used where a rule or practice direction requires or permits it [see above], or where the claimant seeks the court's decision on a question that is unlikely to involve a substantial dispute of fact.

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