Build a fresh repayment claim when one is needed
Use the FTT findings in a clearly stated money claim without confusing that claim with direct enforcement.
Choose the correct route
If the 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.
Identify the defendant
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.
- 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
Use the current claim route
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.
Plead the principal, interest and costs distinctly. Do not claim a fee twice or carry a rounding difference from a working spreadsheet into the pleaded total.