Thanks for your question.
I will try to help you.
Are you using to online service moneyclaimonline.com?
Did your solicitor state how he would proceed?
Apologies, I have been in meetings.
I would say the correct form is n208.
Practice direction 56 states that landlord and tenant claims have to be dealt with under part 8 and for n208 is therefore the correct form.
Do note that the matter will start in the multi track. A multi track claim is more complex and you may need your solicitor's assistance. The court may allocate to the small claims track if you are claiming less than £10k but the court will decide how to deal with your case but there is no guarantee it will be down graded.
There is a court fee to pay, it goes up in bands depending on the value of your claim. You add this amount to what you are claiming.
If you use a solicitor you are primarily responsible for payment of the solicitor's fees but you may be able to recover some of the costs from the landlord. Recovery of costs is governed by the court. And your solicitor is probably correct in stating that the only a fraction will be recoverable.
I hope this helps. Let me know if you have further questions or queries.
The correct form is n208. If you file n1 the court will reject it.
You can always start proceedings and bring in a solicitor if needs be but the same rules apply on costs. Therefore may not be recoverable.
I do sympathise with your view. Taking into account the likely costs is one of the considerations you need to bear in mind when considering legal action. If you lose or the court makes an unfavourable award on costs payment of all or part of the fees is your liability. The court should notice any tactics adopted by the landlord with an intention to have an adverse effect on your fees. Ultimately you are in the courts hands on that issue.
Apologies, not been online until now.
1. It is difficult to say what you can recover by way of costs. Many variables, conduct of parties, offers to settle etc. difficult to say at outset what you are likely to recover.
2. The court will allocate and and make you aware.