Q. My tenant has a 12 month fixed term tenancy. She requested leave to surrender her tenancy early. I agreed to this and we agreed a date. She now says that her circumstances have changed and she would like to stay on after all. I don't have a problem with that, but do I need to give her a new tenancy agreement?

A. If you are both in agreement then I don't see the need for a new tenancy agreement. You agreed to surrender the tenancy but then by mutual agreement the surrender was withdrawn.  

I suggest that you get the tenant to confirm in writing her wish to remain until the end of the term, but other than that, just carry on as if she had never requested the surrender.

Q. My tenant has been complaining for a long time about the condensation and mould in the flat. I have explained to her on numerous occasions that this is not my fault and it is down to the design of the property. Under the landlords repairing covenants in s11 of the 1985 Landlord & Tenant Act I understand that I cannot be held responsible for this. All she needs to do is open the windows more frequently and wipe down the affected areas.

She has now served a notice saying that she is going to prosecute me in 21 days. Can she do this?

A. I am afraid so. You are quite right in saying that landlords are not liable for condensation and mould caused by design issues under section 11 of the Landlord & Tenant Act 1985. However, that is not the only statute available to tenants.

If the condition of the property is such that it constitutes a 'statutory nuisance' (i.e. if there is damp and mould which is considered prejudicial to health) a tenant can also bring a criminal prosecution under the Environmental Protection Act 1990.  

The procedure for this is for the tenant to serve a formal 21 day notice. During these 21 days the landlord needs to resolve the problem, failing which the tenant can