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?
landlordlawblog.co.uk/2012/11/13/…– Seeking answersJan 13 at 0:24
- 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.