Landlord Not Returning Deposit: How to Claim Through the County Court

Check the Scheme First

Before filing a county court claim, check whether your deposit was protected in a government-approved tenancy deposit scheme (TDS, DPS, or mydeposits). The scheme offers a free dispute resolution service for disagreements about deductions, but both you and the landlord must agree to use it. If you do not both agree, it is not compulsory. A claim solely for return of the money deposit is a standard CPR Part 7 money claim; the scheme process does not replace that claim if the deposit remains unpaid.

A county court money claim for return of the deposit itself may be appropriate when:

• The deposit was never protected in any scheme and you are claiming return of the money only
• You and the landlord disagree about deductions and do not both agree to use the scheme's dispute resolution service
• The scheme's adjudication has already ruled in your favour but the landlord hasn't paid
• The deposit sits outside the scheme system entirely (e.g., a lodger agreement or a pre-2007 tenancy that was never renewed)

If your landlord was required to protect the deposit but did not, you may have a statutory claim under Section 214 of the Housing Act 2004 for a penalty of one to three times the deposit amount. That claim must be brought under CPR Part 8, not the standard CPR Part 7 money-claim route. If you are claiming both the deposit and a statutory penalty, check the required procedure for handling both claims.

Send the Letter Before Action

The Practice Direction on Pre-Action Conduct requires you to write to the landlord before filing. Set out the tenancy dates, the deposit amount, what deductions (if any) you accept, and the balance you want returned. Give them 14 days to respond.

Keep the letter factual. State that you'll issue a county court money claim if the deposit isn't returned by the deadline. If they respond with deductions you dispute, reply in writing explaining why — the judge will want to see you tried to resolve it.

Filing the Claim

If the 14 days pass with no payment, a litigant in person can file through Online Civil Money Claims (OCMC) or on paper Form N1; legal representatives must use OCMC for eligible claims. Most deposit claims fall well under the £10,000 small claims limit.

In the Particulars of Claim, state:

• The tenancy address and dates
• When and how much deposit was paid
• That you've requested its return and the landlord has refused or failed to respond
• Any deductions you're willing to accept and the net balance claimed
• Interest under Section 69 of the County Courts Act 1984 at 8% per annum from the date the deposit should have been returned

The issue fee depends on the amount — for a £1,200 deposit claim, it's £80.

What Happens Next

The landlord has 14 days from the deemed date of service to respond; for postal service, the claim is deemed served on the second business day after posting. On a Part 7 money claim, if they don't respond, you can request a default judgment. A Part 8 claim for a Section 214 penalty does not use the default-judgment procedure. If the landlord defends the Part 7 claim — usually disputing the deductions — the case may be allocated to the small claims track and referred to mandatory telephone mediation. On the OCMC route, the claimant can opt out of mediation before referral.

At mediation, many deposit disputes settle with a compromise on cleaning or damage costs. If mediation fails, the hearing takes about 30 minutes before a District Judge. Bring photos of the property at move-in and move-out, the inventory (if one exists), your tenancy agreement, and every message exchanged about the deposit.

If you win, the judge orders the landlord to repay the deposit balance plus your court fees. The Making a County Court Money Claim guide includes a deadline calendar and evidence bundle checklist to keep the claim on track from the first letter to the judgment.

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