I will try and keep this as concise as possible.
March 2008: Tenants sign lease for property - deposit of £1900 which is protected as required.
August 2008: Agent cannot move tenants in on time - one tenant unhappy with service and leaves
Late August 2008:Two tenants asked to get parents to give 'rent in lieu' instead of acting as guarantor. This money is held over to the end of the tenancy. No receipt was issued but bank records prove the money was paid. Does this come within the Housing Act definition of 'deposit'?
February 2009 - after months of telling the remaining tenants that the individual who was originally moving in had been paying his share of rent, agent informs tenants this is not the case and now seek back arrears of over £1,000. I have inspected the lease and they have only provided a s.48(1) service address which is located outside of England/Wales. Does s.48(2) Landlord and Tenant Act apply to mean that no rent is due from tenants?
March 2009 -wish to commence legal action. Do i file form N208 and how do i go about serving documents outside the jurisdiction (scotland)?
there are also various other problems i am getting investigated - lack of HMO licence, constantly turning up and letting themselves into property without notice. Can i get a court order to restrain them from doing this?
Thank You