I'm in the annoying situation of taking my former Landlord to court and in addition to a money claim it also appears open to me to bring a failure to provide Prescribed Information as required under The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. I understand a court may award up to 1 - 3 x the deposit for such a failure.
My former landlord has unlawfully retained a rent over payment for £700 (I know, I know DH and I are idiots for over paying but, fools that we are, that does not give the landlord the right to keep our money which they have done so despite our requesting/demanding repayment on numerous occasions).
I'm at the Letter of Claim stage.
So, I have to take the landlord to court anyway to recover the £700 over payment. In preparing for that claim I have looked a bit closer at our ASTs and communications etc. I have noted that, while the landlord protected the deposit (which was ultimately returned to us in full when the deposit company found in our favour when the landlord tried to keep every penny of it) they failed to comply with the Prescribed Information requirements (not all of them but some which understand is enough for me to bring a claim).
We had 2 twelve month ASTs with this Landlord, deposit each time was £2000.
The rent over payment is £700 (it related to an amended pay date for rent rather than was a whole months rent if that makes sense)
I have a legal background but this is not my area, I am not a litigator. The Housing/Landlord and Tenant solicitors I have contacted lose interest when they find out my deposit was protected. I have had a recent bout of ill health and not working so money is a little tight but not tight enough that CAB will help. I have looked to find answers to the below information but haven't been successful.
My questions are:
(a) If I was only pursuing the rental over payment I would just use Moneyclaim Online (after pre-action protocol of course). Does my bringing a Prescribed Information claim mean I should not use Moneyclaim online and should instead issue in the County Court (and if so do I use an N1 (Part 7) Claim Form or can I still use Moneyclaim online?
(b) Can I bring a claim for both AST deposits or is it only the most recent one that is applicable?
(c) If yes to B above should I claim for both ASTs? I am unsure if I want to do that as would I not then be claiming up to £12,700 plus court fees and interest? My concerns are that this would take me over the £10,000 threshold for a small claim and I am realistically unlikely to be awarded up to 3 times the deposit (they are only technical breaches and some of the PI requirements were met, plus the fact that we successfully recovered our deposit via the deposit company somewhat demonstrates that we were not particularity disadvantaged I guess) so I feel I am exposing myself to costs risks for unlikely reward. Or have I got that wrong, can I for example limit what I am seeking to be fixed at, say 2 x deposit for each deposit thereby keeping me under the threshold but having increased negotiating value?
By the way if the Landlord will return the over payment of £700 I will leave the matter there and I will make a pre-action WP offer to settle at £700, I'm not keen to be petty!
Thanks in advance.