Landlord wants to increase our rent by over 15% with less than one month's notice

neverdespairgirl

Rigsbyscat wrote: »

I did have a word with my Director.

All the flats in Stockwell Rd that we have - cost £1250pcm. We will be increasing even those rents once expired.
You lived there for such a long time without any increases.

Landlord doesn’t accept your offer of £1191.30pcm.

She wants £1250, because this is a market rent and she is getting from all Stockwell Rd properties this amount.

Please let me know, if you prepared to stay for £1250pcm, otherwise if you decide to move out, you need to provide at least 2 months notice.

Well, were I you, I'd reply, pointing out, politely:

1. You are not prepared to pay £1,250 a month, and you will not do so;

2. That they need to serve a notice in the proper form, and they have not done so, therefore the rent increase is invalid;

3. That should they serve such a notice, you reserve your right to go to a rent tribunal and / or hand in notice;

4. That as you are on a periodic tenancy, you need to give 1 month's notice, not 2, and that it is they who need to give 2 months' notice;

5. That in the notice period the rent will remain at the current level.

neverdespairgirl

Rigsbyscat wrote: »

Thanks tbs624!

No we have never received the formal S13, all I got was a telephone call on 28/10/08 telling me this is what they are going to do as of 4th November.

Like you say the earliest they can enforce the change would be 4th December, which is fine. We will not waste our time arguing with them or getting other parties involved and will most likely hand in our notice and look for a place of the same price or cheaper. We could do with saving a bit more for our own deposit anyway. But will miss this place, after 3 years its a shame that the landlord won't be more reasonable.

The earliest they could enforce the increased rent isn't the 4th December, because they haven't served the notice in time. If they serve the s.13 notice before your next rent day, and you don't challenge it, it would apply from January.

Rigsbyscat

They have not provided the S13 by today, I doubt they even know what it is let alone that is a legal requirement.

You're right, we will absolutely not be paying or agreeing to any increase. We will be handing in our required one month's notice and moving out before it could take effect anyway. I am even considering not paying the last month and a half's rent in oder to make sure I get my entire deposit back-but I haven't decided yet.

tbs624

Rigsbyscat wrote: »

Thanks tbs624!

No we have never received the formal S13, all I got was a telephone call on 28/10/08 telling me this is what they are going to do as of 4th November.

Like you say the earliest they can enforce the change would be 4th December, which is fine. ..

just to clarify - the increase has to start on a rent day and they have to have given you the 1 month's formal notice prior to that rent date - previous post quoted mentioning Dec was posted on the thread 29th Oct when they still had time to serve notice on 4 Nov to increase on 4th Dec

tbs624 wrote: »

....Have you been given the formal S13 notice yet? If they haven't done it by today , your rent day, then they can't now increase it until 4th Jan.....

Edit - sorry, I see NDG has already re-iterated on that one.

chewmylegoff

£1200-£1250 is market rate for a 2 bed garden flat in clapham south if that's any use to you.

i personally doubt that £1250 is a market rate rent for stockwell road. if you go the property will probably sit empty for a month and then they will have to reduce it.

gumtree is pretty useful for looking at how long it takes people to rent out flats, as when people renew their adverts it retains the original date that the ad was posted. i had a quick look on it, there are several flats around the £275pw mark which have been advertised since early october, although they may not be comparable to the place you're in.

that said, if you were prepared to pay £1190, you might as well stick your offer up to £1200 - final offer. if nothing else it might drag the process out a bit longer.

don't forget to factor in moving costs if applicable, and the fact that you will have to pay a stupid amount to have the place professionally cleaned at the end of the tenancy, and the fact that you'll probably end up paying overlapping rent for a week or so, and that you might have to take time off work to househunt and/or move.

pickledpink

neverdespairgirl wrote: »

Late. Waiting for papers for an emergency injunction.

What, at 3.59 in the morning delivered to your home????:rotfl:

Rigsbyscat

Thank you all for getting involved and for your good advice and support over the issue of my rent increase. The landlord has moved slightly on the rent increase, which is a positive thing, but we have decided we will give our notice and find somewhere cheaper to move to.

The next step is finding out how best to get our £1,500 deposit back and we have already come up against our first hurdle. I mentioned before that our original landlord sold the flat while we have been living in it to another landlord, who is not so businesslike. The new landlord refuses to ever have been in receipt of our full £1500 deposit instead claiming ''£1000 was considered in the purchase price of the flat. Which means the deposit held by our company is £1000. We will release the deposit with in 30 days of formal termination of the tenancy provided that you have submitted proof of payment of your bills.''

I am extremely concerned that we might lose our other £500 because of some 'special deal' as the accountant put it between the landlords? He suggested I contact my originally landlord to get the other £500 back!? Personally, I do not believe that the negotiations of the price of the property between vendor and new landlord are anything to do with my deposit let alone any of my business. I do not see how their arrangement affects the contract I orginally signed with the first landlord, which I have a copy of and which clearly states the amount of deposit I entrusted the first landlord. What should I do? Get a solicitors letter drawn up asking them to be responsible for it? Or go back to the original landlord who did this deal unbeknown to us?

Thanks ever so much!

silvercar

I would have thought the new landlord has taken over the tenancy in entireity. If you can provide proof that you paid a larger deposit, then the new landlord should be obliged to repay it. If the old landlord stated that the deposit was only £1000 then he gave false information and the new landlord could pursue him for the difference. It shouldn't be your problem.

solicitors on landlordzone.co.uk/forums would know instantly the legal status.

neverdespairgirl

pickledpink wrote: »

What, at 3.59 in the morning delivered to your home????:rotfl:

Yes. It's quite common in the emergency injunction world. It's why I have recent technological inventions at home, such as a fax machine and email.....

pickledpink

neverdespairgirl wrote: »

Yes. It's quite common in the emergency injunction world. It's why I have recent technological inventions at home, such as a fax machine and email.....

So where are these emergency injunctions faxed from then? I thought courts didn't open until 10 a.m.?

Good of you to be so keen though:j ..................most solicitors would charge their batteries with a good night's sleep, and deal with them first thing in the morning.

:T