The choice is yours - ADR or courts. If you are asked in court why you chose that route, you say you tried to negotiate with the landlord but that failed, you chose court because there were things that you felt could be explained better orally. It IS possible to have the other partys costs awarded against you, but this is only in very exceptional circumstances. In small claims, those costs should be minimal anyway. If you win - I am confident you'll get your court fees awarded. I don't get the thing about sending an N1. It is meant to show the other side that you are serious, but it proves nothing. If you want to do the claim online, I think (though I have never done it) you can complete so much of the claim and then save it to come back to later. If you did that and printed off the bit you have done I guess that would have the same effect. IMHO - pointless.

Presuming the rooms have locks, it may be possible to change the locks to give these tenants extra peace of mind. If they do this, they would only need to change the barrel in most cases - and they should keep the old barrel so that it can be reinstated when they leave. Search youtube for instructions 'eurolock' or 'yale barrel' and you will see it is a 5 minute job requiring no more than a couple of screws to be undone. A local builders merchant will sell the bits for less than a tenner (B&Q will be more expensive).

The first thing we need to be clear about is the relationship between you and the agency. Have they taken a tenancy on the property themselves, or is the tenancy agreement between you and the people who occupy your property? Who did the deposit of £550 come from - the agent or the occupiers?

You can take her to court if the £675 was a loan, not a gift (you'd need to prove it). You can certainly sue for the £155 - but SiL may dispute that she owed that rent and you paid it voluntarily (no court order to prove it's legit). Ultimately, it is down to the judge on the day.

IMHO the guarantee document is fine, and you will be liable for the tenants debts in relation to it. However, if you disagree with the amounts in question, you can ask for proof - and if you are not happy with the proof the landlord will have to sue for the amount in question and prove it to a judge.

Yes, the tenant only rents their individual room, and so they only have exclusive occupation of that room. The landlord has legal obligations with regard to communal areas, so access is required. Landlord could sleep on the stairs if he wanted too (well he couldn't - it would be a health & safety issue!)

It very much depends on what the deed of guarantee states. However, they do usually puport to hold you liable until the end of the tenancy. Key questions: Was yor signature on the document witnessed? Does it say anywhere on the document "deed"? Did you read the tenancy agreement before signing? If not, why not? Did your SiL sign any new tenancy agreements since this one? What proof has landlord sent of SiLs debts?

If they were evicted under section 21 then it shouldn't be an issue. Section 8 is the one that usually means they breached their contract in some way.

Your LBA should be sent by mail - no need for recorded delivery - just get a free certificate of posting. After that you can commence a claim online at www.moneyclaim.gov.uk or by paper, using court form N1. Once you have submitted your claim (with the fee of £25 for a £160 online claim - £35 if you use N1) it will be sent to che defendant. The defendant will have 14 days to respond to it. The court will send you a form with when it was sent, and when they must respond by. If they don't, you can fill in the form and apply for a judgement by default. If the defendant does respond with a defence, they are also likely to submit a countercaim (for the builders, damage etc). Details of this will be sent to ou with an allocation questionaire, which you have to fill in and send back with your defence to the counterclaim if applicable. If there is a counterclaim, you must respond to every single point raised - even if you just say 'I deny this' otherwise it will be taken that you accept that point. You will have to pay a hearing fee of £25 if it goes to a hearing.

Fair enough, but it doesn't change the fact that your friend does not HAVE to leave. Glad your friend has somewhere though.

It is income so far as the tax man is concerned, but if there is a mortgage on the property then you can probably offset the mortgage interest against tax. As it is family, the lender may not regard it as secure income - and you will need permission to let from your main lender. Even though this is family, it is still a landlord/tenant relationship. Both parties have the same obligations as if you didn't know them. You should ensure you have a written tenancy agreement as with or without a written agreement this will be an Assured Shorthold Tenancy with all the tenant rights that that implies. For instance, any idea what you'd do if they decided not to pay rent? (and yes - families do do that to each other).

I can't answer your real question - but you friend does know that she doesn't have to move just because the landlord is selling up, doesn't she? She doesn't have to leave until she is evicted by a court bailiff with a possession order. If that doesn't happen, then the new owner becomes her landlord, and she retains exactly the same rights she had with the current landlord.

That's worrying - section 5(3) of the 1988 Housing Act clearly states So the terms in the original contract regarding deposit do not apply to a subsequent Statutory Periodic Tenancy. Perhaps give your employers a 'heads up' that they are paying for a ***** legal helpline:!:

If your landlord has counterclaimed you must submit a defence that covers every point he has raised. If you don't mention it (even to simply deny it) then the court will assume you accept it. This is not done on the allocation questionaire. The judge is likely to accept that the contract clause does not cover fair wear and tear. Get a book In The XX County Court Claim XX123456 Between: Daz990 (Claimant) and: Lairy Landlrd (Defendant) Defence to counterclaim Blah Blah xxxxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxxxxx I believe that the facts stated in this defence to counterclaim are true. Signed: Daz990 Dated this xx th day of September 2011

Any questions in particular? Your claim (without counterclaim?) is quite simple, so for the 'time' section 30 mins to an hour should be sufficient.

Hi, until a tenancy begins (you move in) it can not be a tenancy deposit, so the law on tenancy deposits does not apply. By law, the landlord has 14 days from the start of the tenancy to protect the deposit.

Even though you agreed that the agent could keep the bond, they can't, it is not possible for your contract to over-rule your landlords legal obligation to protect the deposit. The electricity bills etc are none of the agents or landlords concern - you have your own contract with the suppliers. I would send this letter - possibly modified to take into effect my first paragraph. http://tenancyanswers.ucoz.com/index/my_deposit_isn_t_protected/0-4

Yes it can. The fee (£100?) is added to the amount the judgement debtor owes you. The bank will also charge him for the priviledge of freezing the account (£50 with Barclays iirc). Can you apply for exemption from fees?

Well, he can certainly claim if it is correct. I would deny the claim and see if he sues - he will need to prove to the judge that the damage was your fault. It might be a good idea to phone a washing machine repair man and ask how much that repair would cost. If it does go to court, you could tell the judge that the price was too much. Anything he is claiming that was mentioned on the checkout report as okay, you would use that report as evidence. Anything he is claiming he would have to prove the condition at the start of the tenancy, if he can't, then the judge can not work out if the claim is fair or not, so it will fail. Obviously, if he does sue, you wil counterclaim for the lack of use of the washing machine. Providing the judge decides the W/M was not your fault then you should be able to claim any provable laundry costs above what you would have paid if the WM was working - so launderette costs, travel costs to mums, but not powder etc because you would have had to pay that anyway.

You have lodged your claim with the DPS. The landlord (via the agent) has claimed they are owed some (all) of the deposit. You disagree with this. You need to apply to the DPS for them to arbitrate. If the landlord refuses to arbitrate, then you will have to sue. I think, if the landlord (agent) ignore the request you can start a 'single claim process' where they will make an attempt to get the landlord involved, but if he doesn't they will pay out to you. If you have to do court (http://www.moneyclaim.gov.uk) it is not very complex and is designed not to need solicitors. You can get books on the 'small claim process' from your local library or Amazon.

You can ask for the claim to be transferred to a local court http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195828 http://hmctsformfinder.direct.gov.uk/courtfinder/forms/ex321_e.pdf

You have writen quite a lot and it is difficult to read - if you can simplify it it would make it easier for people to help you. You need to sue the landlord fr the deposit. Write a letter (getting a free certificate of posting fom the post office) telling him you want your full deposit back within 14 days. Tell him that if he does not do this you will take legal action. This letter should come from all of the tenants. If he does not pay, go to www.moneyclaim.gov.uk and start a claim, again this must be all of the tenants suing the landlord. You can get a book from the library or Amazon about the 'Small Claim Process', it is not difficult and it is designed to be done without solicitors. This page may also help: http://tenancyanswers.ucoz.com/index/court_information/0-53

Back off hols Ed? Missed you. What do you mean a section 21 notice only applies to periodic notices? Section 21(1)(b) applies for s21 notices served during the fixed term. Admittedly, the order can only take effect at the end of the fixed term tenancy, but the OP could use the 12 month break clause to bring the tenancy to an end @ 12 months.

Yes, this just comes off the amount they owe. Do you have their bank details for a 'Third Party Debt Order'. I've done it and it is quite satisfying having their bank account frozen. (Your bank can tell you where your rent cheque went).

If he didn't reply to the initial paperwork then why did it go to Hearing? You could have applied for a default judgement. This is the usual reason people cite to have claims set aside. Write or email the court with a copy of the tenancy agreement and ask that the judge deciding the application be made aware that all court paperwork was sent to the address provided by the landlord in the tenancy agreement, as required under section 47 of the 1987 Landlord and Tenant Act.