UK Landlord Forum / Life

Hi

I have rented my mother's house out to 2 x lodgers on my mother's behalf as she has been hospitalised due to mental medical condition. A lodger agreement was given to them as she was expected to return back in week time. However situation had changed and she had to live out for over 1 year. Her belongings were in the house for couple of weeks after the tenant moved however her majority of belongs had to be moved back in to her temporary accommodation as she was expected to stay there for a longer period. Except her furniture. One of the lodgers has left however one tenant refusing to leave and refusing to pay the rent now for nearly 4 months. Section 8 notice was issued to her on 08-03-2020 but still refusing to leave. She has been living since Jan 2019. She shares the house with two other individual lodgers and my mother now.

Key points I would like to clarify please

She has a lodger agreement. However my mother (landlord) hasn't been living at the house since the beginning although she has now moved back in.

-   She is challenging that the lodger agreement is invalid as the landlord was not living at the house (landlord do not live at the house)
-   She hasn't paid rent for 4 months now
-   She has damaged the bedroom door, destroyed the bed and mattress – no explanations were given
-   Since then my mother moved back in couple of weeks ago, will this be an issue if I take her to the court ?
-   My  mother had a raw arguments with the tenant which she recorded and called the police couple of occasions – as harassment
-   She claims that Landlord is not allowed to live at the house and should give her 24 hour notice to come to the house – is this applicable?
-   Since my mother moved back the tenant is bullying her calling her names and swearing at her can any actions be taken for this ?
-   The tenant has sub let the driveway to someone to park their van and I requested the explanations from tenant no answers given 
-   The tenant is smoking in the house even that it says on the agreement no smoking in the house, and sometimes even she smokes illegal substance I put a notice not to smoke in the house but this has been ignored
-   The tenant is bringing visitors to the even that it says on the agreement no visitors allowed Notice issued not to bring visitors and its been ignored. My mum is worried for her life as she has severe anxiety.

-   I have issued section 8 on the 08-03-2020 See below grounds
Below are the exact grounds I have issued her.
•   GROUND 8
Under the agreement dated 02 January 2019 the rent is due on Wednesday of each week and has not been paid for over 8 weeks rent and remains outstanding.
•   GROUND 10
Under the agreement dated 02 January 2019 the rent is due on Wednesday of each week and has not been paid for over 8 weeks rent and remains outstanding.
•   GROUND 11
Under the agreement dated 02 January 2019 the rent is due on Wednesday of each week and has not been paid for over 8 weeks rent. And the rent has persistently delayed in paying rent which has become lawfully due.
•   GROUND 13
Under agreement dated 02 January 2019 the tenant was responsible for keeping the room and property in good condition and for making good any damages or breakages and notify the landlord. The property has been damaged and the tenant has not complied with a notice by the landlord requiring the tenant to repair the damage or pay for the reasonable charges for the damages caused.
   
-   On section 8 can I put the -" Your landlord/licensor intends to apply to the court for an order requiring you to give up possession of: "
  the full address or should it identify the room number that the tenant live at as per the agreement ?

-   I have filled the application would anyone be able able to help me with reviewing if I have filed the application correctly please ? As this is the first time I am doing this  ?

I am really stressed with this matter and I am worried if my mother's mental condition will deteriorate because of all this issues any advice will be much appreciated .


Regards,


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