verrowe
13-02-2008, 11:25 AM
Hi I am new to this. I granted my tenant an assured shorthold tenancy for six months from 1st June 2007.
The rent was always paid late then on 1st October she texted me saying she intended to vacate the premises at the end of the term because the house was too cold. She knew when she took the property that there was no heating upstairs. I offered when she viewed the property to put some in but the rent would have to be increased to take this into account. She said she would provide her own. There was heating in the living room.
The tenancy agreement was to expire on 30th November. So at the beginning of November I advertised the house and tried to arrange for a prospective tenant to view the property as provided for in the agreement. She made various excuses why viewing could not take place then finally said she wanted to stay. I explained new tenant would pay £10 pm more and that she could only stay if she agreed to pay this and ensured that the rent was paid on time.
In November rent was late and I eventually agreed to her paying four weekly. I receved no rent for December January or February. I served s. 21 notice on 24th December and S.8 Notice on 13th January. I have a hearing for possession under s.8 on 6th March.
After service of s.21 notice tenant claimed that rent not paid because house was cold and damp and that there was mold. Then on 30th January a pipe burst under the sink. This was dealt with promptly by my insurer within an hour but tenant is citing this as another reasoon not to pay.
I have the following questions
1. the tenancy agreement was not stamped as it was originally for 6 months and less than £5000. efectively the extention of the agreement was never effective as she was in breach from the day one. do I need to get it stamped before going to court?
2. what do I need to present to the court in support of my case for possession and payment of arrears?
3. The possession proceedings are under the s.8 notice. Can I add the s. 21 notice if she has not vacated the property by the 29rh February-the date the notice expires?
4. Can the client withold rent because of additional heating costs when she knew in advance that there was no heating upstairs. What about claims for mold damage when she did not tell me about the problem till a full month after not paying rent and only after service of s.21 notice?
The rent was always paid late then on 1st October she texted me saying she intended to vacate the premises at the end of the term because the house was too cold. She knew when she took the property that there was no heating upstairs. I offered when she viewed the property to put some in but the rent would have to be increased to take this into account. She said she would provide her own. There was heating in the living room.
The tenancy agreement was to expire on 30th November. So at the beginning of November I advertised the house and tried to arrange for a prospective tenant to view the property as provided for in the agreement. She made various excuses why viewing could not take place then finally said she wanted to stay. I explained new tenant would pay £10 pm more and that she could only stay if she agreed to pay this and ensured that the rent was paid on time.
In November rent was late and I eventually agreed to her paying four weekly. I receved no rent for December January or February. I served s. 21 notice on 24th December and S.8 Notice on 13th January. I have a hearing for possession under s.8 on 6th March.
After service of s.21 notice tenant claimed that rent not paid because house was cold and damp and that there was mold. Then on 30th January a pipe burst under the sink. This was dealt with promptly by my insurer within an hour but tenant is citing this as another reasoon not to pay.
I have the following questions
1. the tenancy agreement was not stamped as it was originally for 6 months and less than £5000. efectively the extention of the agreement was never effective as she was in breach from the day one. do I need to get it stamped before going to court?
2. what do I need to present to the court in support of my case for possession and payment of arrears?
3. The possession proceedings are under the s.8 notice. Can I add the s. 21 notice if she has not vacated the property by the 29rh February-the date the notice expires?
4. Can the client withold rent because of additional heating costs when she knew in advance that there was no heating upstairs. What about claims for mold damage when she did not tell me about the problem till a full month after not paying rent and only after service of s.21 notice?