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My landlord wants to put the rent up but....
shakeit_2
Posts: 33 Forumite
Hi ,
Ive been in my current flat for 2 and a half years with me signing a contract every 6 months and the rent never going up.
This sept i get a letter saying they want to put the rent up by a certain amount per week starting 01/10/10. By my calculations its about £70 extra a month which i can ill afford. They say they ll write back to me soon with a confirmed exact new amount and send me a new contract and standing order. They never have. obv my rent came out on the 1st for the same amount as ive been paying all this time.
My worries are -
1. can they come back to me in a few weeks if they ever give me a new contract and try to backdate my rent for the weeks since 01/10/10?
2. are they legally entitled to put the rent up at all?
3.my current contract ran out 01/10/10 so could they turn around and turf me out?
Thanks!
Ive been in my current flat for 2 and a half years with me signing a contract every 6 months and the rent never going up.
This sept i get a letter saying they want to put the rent up by a certain amount per week starting 01/10/10. By my calculations its about £70 extra a month which i can ill afford. They say they ll write back to me soon with a confirmed exact new amount and send me a new contract and standing order. They never have. obv my rent came out on the 1st for the same amount as ive been paying all this time.
My worries are -
1. can they come back to me in a few weeks if they ever give me a new contract and try to backdate my rent for the weeks since 01/10/10?
2. are they legally entitled to put the rent up at all?
3.my current contract ran out 01/10/10 so could they turn around and turf me out?
Thanks!
0
Comments
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1. They can try. You just say you never signed anything, go away...
2. They usually put that into any contract. Although you have not signed one lately, its assumed you are operating on the same basis as the original. So there's probably a clause covering it.
3. They could try. You have dropped onto a rolling AST, most likely. So, they would have to issue correct paperwork.
Is it the LL or Letting agent? Could just be incompetance on following up.Act in haste, repent at leisure.
dunstonh wrote:Its a serious financial transaction and one of the biggest things you will ever buy. So, stop treating it like buying an ipod.0 -
well the letter came from the letting agent saying there was a new landlord, but its a bit of a wierd one because i always thought the letting agent was the landlord as theyre basically based on site and some of them live in units in the block!0
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I'd start trawling around the local letting agents and view flats to get an idea of the average market-rent for equivalent properties in your neighbourhood so I had a better idea of whether this proposed £70 a month increase is reasonable should they decide to impose it. Rents have increased in a lot of areas in the last 12 months due to demand.0
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well the letter came from the letting agent saying there was a new landlord, but its a bit of a weird one because i always thought the letting agent was the landlord as they're basically based on site and some of them live in units in the block!
Nope, it doesn't necessarily follow that the letting agent is actually the landlord. Most often they act on behalf of landlords and that's why they're called agents0 -
Have already had a look and they do have me in a bind because theres no way id be able to afford a similar flat anywhere else at the moment. The areas suddenly got very trendy too.0
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BitterAndTwisted wrote: »Nope, it doesn't necessarily follow that the letting agent is actually the landlord. Most often they act on behalf of landlords and that's why they're called agents
I get that of course. what was confusing was they never said there was a landlord extra to them and if there is i dont even know their name let alone their details as these are the people i speak to all the time about everything.0 -
The name and address of your landlord should be quoted on your tenancy agreement.0
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BitterAndTwisted wrote: »The name and address of your landlord should be quoted on your tenancy agreement.
pretty sure it says the agents details.
will have to dig it out.0 -
In the absence of a signed new contract you are now under a Statutory Periodic Agreement which arises automatically under the Housing Act when a T remains in situ and the LL has not pursued evictionMy worries are -
1. can they come back to me in a few weeks if they ever give me a new contract and try to backdate my rent for the weeks since 01/10/10?
Now you are on a SPA the LL/LA2. are they legally entitled to put the rent up at all?
(a) can serve you with a s13 notice to increase your rent and leave you on the SPA, and you have the option of challenging the rent increase via a local Rent Assessment Committee before the new figure would be due to apply
(b) can ask you to sign a new Fixed Term with the price increase in place or
(c) can serve you notice
as above, you are on a SPA. If they want you out they will need to serve a s21 notice of intent to repossess.3.my current contract ran out 01/10/10 so could they turn around and turf me out?
Have you compared the rent to that for similar local properties and , as you are currently dealing with an LA, have you tried talking direct to the LL? You are entitled to have a name and address for your new LL
(all assuming property is in Eng/Wales)0 -
If your LL changes you should be served with specific info - Letter of Authority, and notices under LL&T Act 1985, s3 and LL& T Act 1987, s480
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