advice before i make the call

cd02

Hi all..

i live with my gf in rented accommodation that is let my an agent for some big firm in london. We took out a 12 month contract which expired in may. I got an email from the lady that deals with the flat asking if i wanted to extended, i replied with a big yes.

1 month later still no new contact but i paid the agreed increased rent. Emailed chasing the contract, received an email advising its currently been written up.

Last week, still nothing so emailed again and got the same reply.

Last friday, got an invoice in the post saying i owe them VAT ontop of the last 2 months rent and that the tenancy is over.

Now i haven't received an eviction or anything but 60% of the other tenents have either been evicted or had eviction notice.

Any advice on where i stand.. if anywhere.

thanks.

Tassotti

Your tenancy agreement will have become a periodic tenancy if you haven't signed a new agreement.

This means that if you pay monthly, the tenancy runs month by month.

You have to give 1 months notice if you want to leave.

The LL has to give you 2 months notice in the form of a Section 21 notice.

You should also have been given the correct forms for a rent increase. If you haven't received these, just pay the original agreed amount of rent and look for somewhere else to live.

Have you paid VAT on rent before? Think they are trying it on

You have 2 months from when the notice is received.

Good luck

Tass

cd02

so you mean that if we haven't signed anything since moving in we shouldn't be paying increased rent ? is there anything online/in writing that states that?

also we've never paid vat on the rent before..

section 21.. is that something that has to be handed to you in person ?

Tassotti

cd02 wrote:

so you mean that if we haven't signed anything since moving in we shouldn't be paying increased rent ? is there anything online/in writing that states that?

It is the Law...Its in The Housing Act, but not sure where

also we've never paid vat on the rent before..

don't pay VAT

section 21.. is that something that has to be handed to you in person ?

Not necessarily..but it has to be seen to be served (ie recorded delivery via post office)

Tassotti

A correction to my first post regarding the timing of Section 21

It's 2 months from end of payment period

eg

if the rent is due on the 17th of each month, the LL must give at least 2 months notice to end the tenancy AFTER the 16th of the month.

Rent Increase Section 13

http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880050_en_2.htm#mdiv13

Tass

kit

I agree with the advice above.

They need to give you written notice to increase the rent and you have to be given advance warning of this (I think its 2 months notice of increase).

You have a periodic tenancy and the rules are the same as they have been for the whole of your tenancy. You give 1 months notice to leave and they need to give 2 months. If you dont leave at the end of those 2 months, they need to get a court order - none of this 'just changing the locks' that happens a lot!!

real1314

cd02 wrote:

Hi all..

i live with my gf in rented accommodation that is let my an agent for some big firm in london. We took out a 12 month contract which expired in may. I got an email from the lady that deals with the flat asking if i wanted to extended, i replied with a big yes.

1 month later still no new contact but i paid the agreed increased rent. Emailed chasing the contract, received an email advising its currently been written up.

Last week, still nothing so emailed again and got the same reply.

Last friday, got an invoice in the post saying i owe them VAT ontop of the last 2 months rent and that the tenancy is over.

Now i haven't received an eviction or anything but 60% of the other tenents have either been evicted or had eviction notice.

Any advice on where i stand.. if anywhere.

thanks.

...1. No VAT is payable on a residential tenancy. they are trying it on. You can always ring Inland Revenue (now know as HMRC) to confirm this.

2. If an Assurred Shorthold Tenancy is not renewed, it becomes a periodic tenancy, i.e a month by month tenancy.


you might find more details in the PDF files on this site (which was linked from direct.gov.uk) http://www.clsdirect.org.uk/legalhelp/leaflet04.jsp?section=2&lang=null

didn't check the pdf myself, but the site implies it has extra info.

cd02

Just got to say thanks to everyone thats offered help.. just looks if i take any action then it gives the landlord ground to evict us.. its bloody stupid..

clutton_2

if you continue to pay the rent and not cause any disruption to neighbours etc the landlord can probably only apply with a Section 21 re-possession notice (which gives no grounds for eviction, simply that the landlord wants to repossess the property). S/He must give you 2 months written notice in the prescribed form - if its not in the prescribed form with the correct dates, the court will throw it out - (it rather sounds as if the landlords agent is not as knowledgeable as s/he ought to be). Once 2 months have passed, they still cannot get you out without a court order . This may take some weeks to get a court hearing (after the 2 months notice has expired); even then, if you dont leave, they have to go back to court to get the bailiffs to evict you, and bailiffs often have a waiting list of a couple of months, - so, you have several months to find somewhere else to live. Just keep paying the rent and ignore everything else. If you think they have keys, you are perfectly within your legal rights to change the locks. Dont sign anything which is given to you.

best of luck