Judge declaring anything in advance as a DEPOSIT

Has any Judge let Tenants on a Section 8 countersue by deciding money in advance is a DEPOSIT, that should have been protected. Even after Johnson vs Old. He appears satisfied the contract says money isn’t a deposit for any damages etc but possibly still wants to set a ‘president’ that any money taken above one month’s rent is LEGALLY A DEPOSIT

Answer here: https://forums.landlordzone.co.uk/forum/residential-letting-questions/1214348-judge-declaring-anything-in-advance-as-a-deposit

UPDATE

The tenants are almost 20k in arrears now,
accelerated it, by not having paid anything in the 4 months of the court process

In the 21st SEPT Hearing the Judge gave them 3 weeks ending 19th OCTOBER
The court replied via email today:
To date, no Defence or Counterclaim has been filed in this matter.

Can we presume the tenants time is up and we should email the Court
ASKING FOR A JUDGEMENT IN DEFAULT?

Any advice appreciated

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