Rent increase or eviction - advice sort please

[ntg142]

grateful for any advice!

My private tenancy (rolling) includes utility bills in the contract - due to recent rises in energy costs I voluntarily agreed 3 months ago to increase the rent to cover the additional cost to them.

The Landlord has come back saying they can’t afford the current arrangement and want to decrease the overall rent very slightly and transfer the utility bills to my name.

I’d be happy to explore this with them but they can be very unreasonable and has said if you don’t agree to my terms in two weeks I will have to give notice to leave.

There’s a couple of points; just to be clear, I don’t think I have to give notice? Another party cannot unilaterally alter a contract either?

Presumably, the landlord would have to evict me if they wanted their property back?

The landlord doesn’t use an agent and I know for a fact they haven’t protected my deposit like they should have - so I believe they can’t use a s.21 order?

what would be the likely course if they tried to evict me? (I’d intend to pay full rent as previously agreed)

[R0b]

Hi,

Do you have a valid reason why you would need more than two weeks to agree a new tenancy or variation such that the utility bills are now paid by yourself (and on that matter is the LL willing to agree a reduction in rent equivalent to an amount covering utility bills)?

The s.21 notice won't be valid if the deposit is not protected or prescribed information not given to you, however the LL can return the deposit amount before serving the s.21 to effect a valid notice. Your recourse would be to sue the LL for 3 times the amount of the deposit having failed to put the deposit in a protection scheme as required by law. That may be enough for the LL to back off a little but then again most LLs probably won't care go ahead anyway.

If you are served with notice to leave you could continue to stay in the property and challenge the notice and informing the LL that you believe the notice to be invalid (with or without specific reasons as to the non-validity of the s.21) and wait for the LL to take you to court so you can then challenge and counterclaim for your deposit. The LL may try to force you out via an unlawful eviction and in that case you are probably entitled to much more compensation than just your deposit but the downside is you are left homeless if you have no where else to live - though we can cross that bridge you think that is going to happen.

[ntg142]

Hi very grateful for response - just wanted an idea of what the process was.

the LL wants to reduce rent by just £50 in lieu of utility bills - despite agreeing to a £100 rise just 3 months ago.

The LL has just acted in a way where he won’t even talk to me about it/meet me half way - just said take it or leave it. I’m not expecting charity I’ll pay for my own utilities but I feel like saying if you refuse to even talk to me than I reject your offer and you can have fun trying to evict me (I know that comes across juvenile but ppl could avoid the hassle if they just communicated).

I’m lucky in the sense I won’t be homeless even if I was evicted as I have options and I can afford to rent pretty much anywhere else should I choose.

the timing for me is not good for me personally as I will be out of the country for two months in from October - so could do without frankly.

[R0b]

I think at the end of the day the LL is entitled to take whatever view he wants however childish or unreasonable that may be. However, it is not wise to stoop as to the same level as the LL because for starters any communications or correspondence may very well end up in front of a judge and he or she will no doubt form an impression about either side based on how you respond/act.

If you haven't done so already, I think now is the time to keep all communications in writing with the landlord. Email would be easiest and most convenient if you have an email address for him but if you have to send letter by post. Despite the LL's position it would be reasonable to send the LL a formal response, highlighting the fact that you agreed voluntarily to increase the fees but now he is suggesting that is no longer feasible, he is only willing to reduce the rent by £50 and not the £100, thereby pocketing that £50 intended to cover utility bills whilst you still have to pick up the tab.

You may want to consider proposing to extend the tenancy for a further 6 months as an incentive if the LL agrees to reduce the rent by the £100 or you may want to simply request the rent be reduced. Make sure the letter does not come across as aggressive, snotty or childish and certainly no CAPITAL WORDS in the middle of sentences. Round it off by asking that any further communications on this subject be sent by email/post.

Leave it at that, and either the LL will serve a s.21 or he will accept or negotiate your proposal. I guess the question is whether the LL can fill the vacancy quickly or if he has to sit on it given the current crisis or pay agency fees for advertising and if he is happy to do that.

Going out of the country could be awkward but I would suggest you read your tenancy agreement as there is almost always something in there about notifying the LL if you leave the property empty for a period of time, normally due to conditions of the LLs insurance. Even if there is nothing in the contract it's probably best practice to let your LL know anyway in case of damage to the property or water leaks. Of course that leaves you open to the LL going in to change the locks or refusing you entry if notice is served before you arrive back in the country which if he LL does this, is likely to amount to an unlawful eviction subjecting him to potentially some expensive compensation to pay out.

Shelter has a good deal of information around s.21 notices, how to challenge and the fact your tenancy continues after the expired period of the notice unless you voluntarily agree or are legally evicted. Worth having a look if you are unsure about your rights or next steps.

Section 21 eviction - Shelter England