Prepare a County Court repayment claim

If the First-tier Tribunal (FTT) made an express payment order, read its wording and obtain advice on enforcement. If it made declaratory section 27A findings and overpaid money has not been returned, fresh County Court proceedings may be needed. The Termhouse appeal explains why the FTT determination itself is not simply a County Court money judgment.

Do not label a fresh repayment claim as CPR 70.5 enforcement of the FTT declaration. Explain the legal basis for repayment, the binding findings and the amount now claimed.

Check who demanded the money, who received it, who held it, the lease parties, the managing agent's role and any assignment. A managing agent may be the right defendant on particular facts, but is not automatically so.

Send a focused letter before claim with the decision, calculation, legal basis, requested response and a reasonable deadline. Follow the applicable pre-action rules and consider alternative dispute resolution, such as mediation.

• Correct legal name and address
• Lease and agency position
• Payment recipient
• FTT decision and whether it is final
• Checked repayment schedule
• Legal basis for repayment
• Interest basis
• Pre-action letter and response

Start at GOV.UK. The available online service and forms depend on the claim, number of defendants, address, amount and whether the sum is fixed. Check the current court fee before issue.

State the main sum claimed (principal), interest and costs separately. Section 69 interest is discretionary: state the basis, rate, period and daily amount, rather than assuming an automatic 8% entitlement. Do not claim a fee twice or carry a rounding difference into the pleaded total.

Particulars of claim explain the facts, legal basis and order you seek. You can provide them separately only where the chosen claim service permits it. Money Claim Online (MCOL) has its own rules and service deadlines; do not assume the same process applies to Online Civil Money Claims. If the service cannot accommodate the claim, check the permitted alternative before issuing.