Landlord Agent wants to DOUBLE Rent!

[KaptainKhaos]

Hi everyone,

I have been on here before regarding our "Landlord" not bothering with ANY maintenance on our house in the 23 or 24 years we have rented the property from him (basically paying his mortgage), things going wrong (especially with the combi boiler - calling British Gas out 3 or 4 times a year over the last 10-15 years & paying for them myself), getting them to repair the shower, leaks from pipes, radiators that give out no heat (4 out of 5 radiators downstairs don't work which makes Winter time unpleasant.

Anyway - there is more wrong with the house but I don't want to bore you.

Last week (13th or 14th March), I got a "Signed For" letter through the post box (which nobody in our house actually signed for) from the landlord's "agent" saying they were going to double the rent from 1st April 2023.

I can't afford what they said they now want, so I guess it's time for us (wife, me & 23 yr old son) to move, but I need to extend our "looking for a new place" a bit because we are on the Shared Ownership path & trying to get all of that stuff sorted out.

I thought that they had to give me more notice for an increase in rent, and that rent could only increase between 3 & 5% per year - I really don't know the system, so any advice/help/guidance will be gratefully received.

What do I do & how do I do it?

Thank you in advance.

Ian

[atticus]

https://england.shelter.org.uk/housi...rent_increases

[KaptainKhaos]

Thanks for that - it's all so complicated "they can do this but you don't have to do that" or "they can't do this but you can't do that" .... I just found it strange that the letter had the Royal Mail Signed for orange sticker on it, but it was just put through the letterbox with nobody signing anything!

My life is stressful enough already without this adding to it!!!

[KaptainKhaos]

Also - the landlord has NEVER got the gas safety certificate since day one (23/24) years with nothing - is that anything that I can use?

[echat11]

Thanks for that - it's all so complicated "they can do this but you don't have to do that" or "they can't do this but you can't do that" .... I just found it strange that the letter had the Royal Mail Signed for orange sticker on it, but it was just put through the letterbox with nobody signing anything!

My life is stressful enough already without this adding to it!!!

https://www.gov.uk/private-renting/rent-increases

https://www.citizensadvice.org.uk/ho...rent-increase/

https://www.citizensadvice.org.uk/ho...rent-increase/

[KaptainKhaos]

Okay & thank you so far.

Here is how it stands at the moment.

I am going to continue to pay the "normal" rent & I am sure that the "agents" will start harassing us.

I am due to get a load of money from my stepmother's sad demise, but it is starting to go through probate which could take months.

The money I will be (guaranteed) getting will be paying a huge deposit on our own house (finally).

The thing is now, how do I "delay" or inevitable 2 months eviction notice (even after the agents give it to us) so that we can put the deposit down on a property - probably September this year (ish - probate can take ages I understand).

Any advice/help/letter to write to agents etc will be massively appreciated.

I don't want to immediately go down the "landlord didn't get any gas safety certificates" / "do any maintenance" / "freezing cold in wintertime (boiler issues that I paid for" unless absolutely necessary.

Thank you in advance.

Ian

[EnglandPi]

Am I right to assume your landlord has given you notice of their intention to double the rent but have not given you a section 21 or section 8 notice to quit?

As far as I'm aware your landlord cannot simply double the rent without your agreement.

The landlord cannot issue a section 21 without a current and previous gas certificate and also an electrical safety certificate which renews every ten years, neither can they issue a section 8 unless there are rent arrears or anti-social behaviour issues and a few other reasons

As for the signed for letter not being signed for. During covid the post office did not obtain signatures for recorded delivery mail only for special delivery mail therefore although they cannot prove delivery it will still be deemed to have been served.

[KaptainKhaos]

Hi EnglandPi

It wasn't the landlord but his self proclaimed "agents" - no section 21 or section 8 quoted.

Like I said - we have been there 22 or 23 years & have NEVER had a gas or electricity safety certificate, no contract - I have paid for all of the defects (boiler, leaking pipes, flooring, new shower etc).

I would be interested to find out if the landlord has been paying tax on the rent, or whether his mortgage was/is a buy to let (or however its termed).

I have listed a huge amount of things wrong with the house - should I send that to the "agents", or wait until I've paid the 'normal' rent & see what happens with the "agents".

Thanks

Ian

If I write to the "agents" what should I say?

[jaguarsuk]

Send the list of defects now and state that if not repaired the Landlord is in breach of the tenancy agreement.

It would be useful if you had a copy of the agreement, but after twenty odd years I'm going to assume you don't have a copy. The reason is that it may very well define what rate i any the landlord can increase the rent. In writing to the 'agents' I would ask for a copy of it.

[EnglandPi]

If you've not had a rent increase in 23 years you have been very lucky and you are probably well overdue a rent increase to reflect the current rentable value of the property. That said. Tenants have rights and you would do well to exercise them, you should not be paying for repairs as there, not your responsibility.

[Crazy council]

Your original tenancy agreement would be important here. and have you resigned one since.

unless theirs terms in your agreement regarding the rent increases, you landlord / agent can set it at what they want.

The important part is would a judge enforce any action.

points to consider

how much is your rent.... whats the current averidge rent for a similar property.. how much is the difference
what maintenance have you done,,,, what maintenance has you landlord done

this next part is important and would be in your favour.

quote "Like I said - we have been there 22 or 23 years & have NEVER had a gas or electricity safety certificate, no contract - I have paid for all of the defects (boiler, leaking pipes, flooring, new shower etc)."

The agent should be very careful here,, If the agent tries to serve a none valid notice, it could be considered illegal eviction attempt. and although very unlikely and improbable, a judge could decide the tenants is due financial compensation for a split of the difference in value of the property when they took the tenancy, to now. due to the tenants ding the maintainace

If you just looking for time, explain that to the agent,

[KaptainKhaos]

Hi Crazy Council - We never had a tenancy agreement, never signed anything - the landlord originally said "whatever rent you can afford is fine" (wife was a witness to that).

Basically, we want to move out & I am due a significant amount of money that we can put down as a massive deposit on a house of our own, but its going through probate right now, so we have to wait for that.

Friends have said that if we get served the standard 2 months notice, just don't leave after the 2 months is up, and it'll take them months to get the court to "enforce" an eviction. I obviously don't want it to get messy & unpleasant like that - I can only say to the "agent" that we'll continue to pay the rent as I am every month, but need time to find somewhere to move to & hopefully they'll be okay with that.

Thanks again.

Ian

[jaguarsuk]

Because you don't have a tenancy agreement they are not able to give you the two months notice pursuant to section 21 of the Housing Act 1988.

In the absence of a written tenancy agreement your landlord will need to apply to the courts for a possession order to be able to evict you pursuant to section 8 of the act.

That is a long process, especially given the back log of hearings in the courts at the moment and it isn't cheap either, especially if they will have to instruct legal representation.

If it were me I would write to the landlord as follows:

1. That you cannot afford the rent increase they propose.
2. That you and they never entered into a written assured shorthold tenancy, therefore a section 21 eviction is not available to them.
3. That the only eviction available to them is via section 8 of of the Housing Act 1988 by court proceedings.
4. That there are multiple repairs outstanding that they have failed to complete and consequently you will oppose any eviction proceedings as such.
5. Even if you are unsuccessful in your opposition it will be a long and costly process for them.
6. That you intend to leave the property in the near future, so why don't they agree that you continue to pay the current rent until you can leave.
7. That you will give them 30 days notice of leaving to enable them to prepare for you vacating the property.

It would be much better to come to an amicable agreement than have the stress of ongoing proceedings and the worry that if they conclude in the landlords favour before your receive your inheritance that you would be homeless.

[KaptainKhaos]

Thank you JaguarsUK - see what happens when I pay the "normal" rent at the end of this month - I added £25 to it last month.

I don't know what the proper landlord's address is, just the "agents" - I don't even know if they're a genuine agent, or just trying to put pressure on us.

[atticus]

s1 Landlord & Tenant Act 1985 - you are entitled to request your landlord's name and address, which must be provided within 21 days.

https://www.legislation.gov.uk/ukpga/1985/70/section/1