LL increasing rent.

MercMan

I'm going to show the Rental Agreement to the local Council Housing officer to see what they say. I read it that there cannot be an increase in rent until May 2010 and that there is no need to draw up a new agreement as the existing one covers any extension of the tenancy.

Another question. Can the LL throw me out for questioning his increase in rent? Never had any complaints form the person in the upstairs flat, in fact I get on well with the neighbours and I treat the flat as my own. Always clean and tidy and garden nice and neat etc.

G_M

There is a Section 21 Notice in the current agreement

No, probobly a clause referring to the serving of a Section 21 Notice. The actual Section 21 would be served later (& by the sound of it has not been). If the LL tries to rely on a Sectioin 21 which IS in the Agreement, it will be thrown out of court.
So you could refuse to sign the new agreement and just go onto a periodic tenancy at the existing rent at the end of the fixed term.

You paid the deposit to the LL (VIA the agent who took it on behalf of the LL). Just as the rent you give the agent each month is actually the LL's. So when you finally move out, the LL will still have to return your deposit (even if the agent never passed it to the LL, or a deposit scheme). That is an issue between the LL and his (bankrupt) agent.

Since you are asking "Anyone know what would have happened to my dposit?" I assume you have NOT received notification of which deposit protection scheme it is lodged with?
In which case the LL is breaking the law (he HAS to use a DPS - and HAS to notify you within 14 days). The penalty for not doing this is payment by LL to tenant of 3 times the deposit! See here.

MercMan

Attached to the Agreement is Section 21 - (1)(b) notice giving notice of possession on 15th November (when my 6 months tenancy expires). This was attached to the agreement the day I took over the property in May 2009. However I have asked to stay in the flat for a further 12 months, which is when the LL told me about he rent rise, even though section 1.7 of the rental agreement (signed by me and LL) specifies that the rent can only be increased after 364 days after the date I moved in and then only by the RPI.

The LL is currently looking at various DPS, but he says its my responsibility to trace what happened to the actual cash after I gave it to the Agent.

Surely he should have got the deposit? So currently my deposit is protected by MyDeposits for 90 days starting on 1st September 2009 or less if my agreement ends before the 90 days.

silvercar

One of the tenancy deposit schemes withdrew protection for deposits held by agents that weren't members of ARLA. That could be what has happened here. It explains them writing to you.

Alex_LS

It is ultimately the Landlord's (not tenant's) responsibility to ensure the deposit is protected and returned to the tenant (with permitted deductions) on cessation of the tenancy.

Mr_Matey

What are similar properties in the area being rented for?

MercMan

silvercar wrote: »

One of the tenancy deposit schemes withdrew protection for deposits held by agents that weren't members of ARLA. That could be what has happened here. It explains them writing to you.

What happened in my case is that the agent withdrew from the DPS just prior to them going out of business. The LL claims they did not get the deposit I paid.

MercMan

Mr_Matey wrote: »

What are similar properties in the area being rented for?

Anything from £600 pcm to £1K pcm! I live close to Sandbanks ( a very wealthy area) which artificially inflates property prices. I'm going to check with local estate agents over the weekend to see what properties in my road are renting at.