Tenant not paying rent- how do I remove her?

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  • Tenant not paying rent- how do I remove her?

    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?

  • #2
    1. No. What you physically hold is a Counterpart Tenancy Agreement. There is no SDLT to pay on this. Any SDLT would be payable by T, on the other (top copy) AST itself.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


    • #3
      As an aside, do you hold a deposit, and where is it?


      • #4
        Yes I do have deposit but it is with DPS


        • #5

          My tenant has now involved the environmental health officer who has given me a long list of thingsd to do by end of February. Since the tenant did not notify me of any problems till she was two months in arrears with rent and I had served S.21, can she use this as defence in the possession proceedings or money claim for payment of rent? any advice would be welcome. Since she has not paid any rent since November, I am not financially in a position to do any work since all my spare cash has gone on paying the mortgage!!!!!


          • #6
            Provided the s21 notice was served correctly and the dates on it correctly give the tenant two months notice (ending on a rent day if the notice was served after the expiry of the original AST fixed term, then this is the best way to get your possession notice. No reasons are needed for the s21 proceedure just the notice period and of course that you will need to provide proof that the deposit was lodged with the DPS. The tenant should also not be able to defend any court action except that the paperwork you have provided is incorrectly made out or incorrectly served.

            Only when this tenant has left, if you intend to rent again will you need to address the concerns of the environmental health department.

            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


            • #7
              Notify the EHO that you are currently evicting the tenant and that you will carry out all required works on possession of an empty property.

              If there is anything that needs doing now you must get it done.
              GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

              Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


              • #8
                The EHO's dont do anything fast in my area and even if they do say something needs doing the L/L can drag it out for ages. (Yes i know they shouldnt)


                • #9
                  thank you all for your replies and I have spoken to EHO. He was not aware of dispute with tenant re rent and took objection to being used as a whipping stick by the tenant. He has asked me to ring him after the court hearing to let me know if possession has been granted. If it has he says he will probably close the file so long as I undertake to do the work prior to reletting.

                  The tenant has implied that she will be moving out at the end of the month if the Council rehouse her. I dont think she has told them about the arrears because the EHO told me that she will be classed as deliberately homeless if she is being chased for rent. I will wait until she leaves before informing the Council as I need her out ASAP. Or am I under an obligation to tell them now?


                  • #10
                    Originally posted by davidhg
                    I know this is an old post, but on the off chance the original poster is still about, could you tell me what the judge said in respect to the Environmential health concerns? Did it work as a defense to stop you evicting the tenant?
                    verrowe has not been on line since 11-03-2009 13:43 PM
                    Thunderbirds are go


                    • #11
                      If you look at the OP’s profile, Basic Information, you will see that they last visited the forum nearly three years ago, so unless they have e-mail notifications set for this thread don’t hold your breath for a reply.
                      I also post as Mars_Mug when not moderating


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