Unregistered landlord

poppysarah

They may not be allowed to raise the rent by that much. Time for you to speak to Shelter or the local CAB.


Report them to the H&S for the gas

tbs624

TTMCMschine wrote: »

... The thing thats P'd me off is that they've just decided to hike the rent up by 25%.

Have they given you proper notice of the rent increase?

Are you still within your Fixed Term or is your Tenancy now a Periodic Agreement?

Have you agreed to pay the increase?

TTMCMschine wrote: »

. I don't think I should be paying any more especially when they aren't even doing the basics like the gas certificate.

Give priority to getting them to sort the gas certificate out. It's a a matter of urgency & LLs don't have a choice on this one, they really don't.

TTMCMschine

Hi again. we have no contract so there is no fixed term, etc, but we've been here for 4 1/2 years.

What period are they supposed to give?

I haven't agreed to pay it no, does that make a difference?

Generali

If they're not doing gas safety checks then get out soonest. Carbon monoxide has no smell or taste but if you sit in a room filling with it for long enough they'll carry you out of it in a box.

If it was me I'd:

1. Give notice
1a. Leave
2. Call the council to tell them about the gas cert thing
3. Call the taxman to tell them about the tax thingy. You have to pay taxes, why shouldn't the landlord?

chewmylegoff

TTMCMschine wrote: »

b) hasn't been telling the taxman

tax evasion is a criminal offence punishable with a jail sentence. i think the max you can get is 7 years.

however it is unlikely that HMRC would actually prosecute your landlord if he has been evading tax, assuming the amount evaded is pretty low and he is not a repeat offender. they are far more likely to (a) tell him to pay all back taxes with interest and then (b) fine him an amount on top of that.

karenj

Landlords do not need to be registered, unless it is an HMO.

We rent a property out through an ARLA registered letting agency. The points below list what is necessary

1. An Assured Shorthold Tenancy Agreement should be in place, whether renting privately or through an agent, to cover any legal disputes on either side. (Minimum let 6 months.)

2. A yearly gas check done by an approved CORGI registered engineer (this is law) and paid for by the landlord, not the tenant.

3. Permission to rent from the mortgage lender (if there is an outstanding mortgage on the property by the landlord).

4. Permission from the company that ground rent is paid to.

5. A minimum of 2 months notice required by the landlord for repossession of the property after the initial 6 month rental has passed and the tenancy has been extended, in which case a new Agreement must be set up.

6. Any remedial work on the property during the tenancy should be paid for by the landlord, unless there is a clause in the agreement to say that the tenant is liable (this I presume would be dependant on how much the rental is per month i.e. if it is quite low, then this could probably be justified).

7. Any increase in rent, should be notified in writing. Not sure of the timescale, as we have not increased our rental in the past 4 years.

In the TA, it should state certain restrictions, i.e. no pets, no redecorating, no alteration of fixures and fittings inside or outside, no putting up pictures/posters unless with proper fittings, no digging up plants/shrubs/flowers or re-planting new plants/shrubs/flowers erecting satellite dishes, etc. However, if you are likely to do any of the above, then permission is required in writing from the landlord.

Have a look on the Internet, as there are lots of companies advertising Assured Shorthold Tenancy Agreements that you can download for free. They give landlords and tenants obligations for the term of the tenancy.

Hope this helps.

tbs624

Interesting to read your post Karen - just added some comments of my own:

karenj wrote: »

..... The points below list what is necessary

1. An Assured Shorthold Tenancy Agreement should be in place, whether renting privately or through an agent, to cover any legal disputes on either side. (Minimum let 6 months.)

A tenancy agreement can be verbal, but the default agreement in this case is likely to be deemed to be an AST. An AST does not have to be for a minimum of 6 months.

karenj wrote: »

2. A yearly gas check done by an approved CORGI registered engineer (this is law) and paid for by the landlord, not the tenant....

Plus the provision of a current gas safety certificate, as mentioned in previous posts (which the LL must be able to produce for the previous two years if the property was let out continuously)

karenj wrote: »

.... 5. A minimum of 2 months notice required by the landlord for repossession of the property after the initial 6 month rental has passed and the tenancy has been extended, in which case a new Agreement must be set up.

No- the tenancy can simply move onto a Periodic contract that runs from month to month. If a LA tells you a new contract has to be “set up” they are simply after a renewal fee. The LL as you say has to give 2 months' notice, and the tenant has to give one month. (except where the rent is paid at intervals greater than one month)

karenj wrote: »

6. Any remedial work on the property during the tenancy should be paid for by the landlord, unless there is a clause in the agreement to say that the tenant is liable (this I presume would be dependant on how much the rental is per month i.e. if it is quite low, then this could probably be justified).

Nope - a LL has specific legal obligations on repairs and maintenance under the Landlord and Tenant Act 1985 S11 and these cannot be passed to the tenant, whatever clauses are inserted into the Agreement

karenj wrote: »

7. Any increase in rent, should be notified in writing. Not sure of the timescale, as we have not increased our rental in the past 4 years.

Yes, must be in writing and must tie in with the rent period and not within the initial FT. Tenants do not have to simply agree with the proposed new rent - they can apply to a rent assessment committee prior to the date on which the new rent would come in provided that they have not yet agreed to the new rent. The LL may decide to serve two month's notice but would normally balance the loss of the proposed increase against a potential void period.

karenj wrote: »

In the TA, it should state certain restrictions, i.e. no pets, no redecorating, no alteration of fixures and fittings inside or outside, no putting up pictures/posters unless with proper fittings, no digging up plants/shrubs/flowers or re-planting new plants/shrubs/flowers erecting satellite dishes, etc. However, if you are likely to do any of the above, then permission is required in writing from the landlord.

It doesn’t have to contain any of those restrictions and for things like pets the LL may not unreasonably withhold permission.

karenj wrote: »

Have a look on the Internet, as there are lots of companies advertising Assured Shorthold Tenancy Agreements that you can download for free. They give landlords and tenants obligations for the term of the tenancy.

Never a good idea - many of those AST agreements are poorly drafted, out of date, try to impose clauses on Ts that are in fact contrary to the law, and/or contain clauses that may be held to be unfair.

Bungarm2001

Thanks tbs624 for the corrections/comments.

Don't want to throw cold water on the previous posters comments, but some of them were seriously inaccurate. Case of a little knowledge being a dangerous thing perhaps...