the agency is insisting in asking a rent increase backdated

mess0804

UPDATE on the old subject, the agency gave me notice (a nice letter saying the landlord doesn't want to let the flat to me anymore)

It was a possibility that they were going to kick me out... but I thought that being a business they would think as a business, not as a personal vendetta ...
Hope to find a better landlord/agency ... I stood for my beliefs... and that will cost me the hassle of moving

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I am coming back here for advice. I have more than a year since I am renting the current flat. On the 27 of september I got a letter from the agency announcing me that as the first year ended on the 6th of august the rent will be increased from the 7th f august !!!

I have written back a nice letter explaining that according to the law they have to give me a month's notice for the rent increase and it cannot be backdated... too late for the 7th of october payment , but I acknoledge their right to increase from next month and I will pay the increase amount from the 7th of next month.

They sent me today a report (?) for the hole period since I am here with an increase from august and a shortfall in the payments for the last 3 months!!!
The lady on the phone said that I have to pay the shortfall and that they will take it from my deposit when I move.

What else can I do, it's only £25 extra a month (from 755 to 780), not enough to get a lawyer only for this... )

They insist that I have to pay.
Everything they do is not very legal (from what I know from this forum ... but they are the agency... they gave me a section 21on the 7th august and the deposit is protected from the 11th. They ask for 2 months notice when I leave.... but now this is too much to ask for the rent increase almost 3 months backdated!!!!!)

tbs624

Assuming property in Eng/Wales.

Anyone can set up in business as an LA - they don't have to have any training, qualifications or LL& T expertise and they are unregulated. For that reason it is best to (a) deal with them in writing so that you have copies of what is said , and (b) seek your own clarification of anything that they say.

Was your first tenancy for a fixed term of 12 months? (you mention a year finishing on the 6th August) If yes, and you have not signed a new Fixed Term then your tenancy has continued under a statutory periodic agreement (SPA) - this occurs after a FT expiry, if the T remains in occupation and the LL has not sought a court order for repossession.

Once you are under a SPA the LL has to serve a S13 Notice ( of the Housing Act 1988) to raise the rent and, as you rightly say, the rent rise *cannot* be backdated. If the T does not agree with the proposed new rent figure, then the T has the right to challenge the rent increase via a local Rent Assessment Committee and this has to be done before the rent increase would fall due.

Have you actually checked for yourself that the deposit *is* registered - check via TDS, DPS, mydeposits. The LA cannot unilaterally decide to deduct whatever they like from your deposit, so keep all paperwork relating to this rent rise. You would be able to challenge their proposed deductions for a backdated rent rise via the scheme or via the small claims court.

It is possible that the LA have messed up and should have given you the paperwork earlier so are trying to cover their tracks so as to appease the LL.

Do you have the LL's name and address by the way? LA must provide it to you within 21 days by law if you request it the info in writing ( crim offence if they don't)

You say that they gave you a s21 on 7 August but that the deposit was protected from the 11th August - is that last year or this year ?

You may already know that if a s21 notice is served prior to a tenancy deposit being scheme registered, the s21 is invalid. The s21 is also invalid if the LA/LL cannot show that it was served *after* the tenancy agreement was signed. Do not mention this to the LA/LL - let their own ignorance cause delays.

You can get clarification on this from Shelter 0808 800 4444 , or from the local Council who should have a private sector housing officer/tenancy relations officer.

If you are fine to pay the increased rent then I would just write and confirm to them that they have to give you proper notice of a rent rise and the increase cannot be backdated, so you will pay the new amount from x date. Confirm that any attempt on their part to deduct an amount for backdated rent from your tenancy deposit will be challenged by you.

geoffky

name and shame the leeches

girleight@

They can't take it from your deposit if it is protected.

G_M

So as advised above, check that it really IS protected. Contact details are here.

Creamlampshade

And if you do decide to challenge any deductions from a registered deposit in one of the schemes, it will not cost you anything to challenge their deductions. It's free to use the Alternative Dispute Resolution service when your deposit is protected.

Nukumai

tbs624 wrote: »

It is possible that the LA have messed up and should have given you the paperwork earlier so are trying to cover their tracks so as to appease the LL.

My thoughts exactly.

ItMightBeUsefulOneDay

mess0804 wrote: »

I have written back a nice letter explaining that according to the law they have to give me a month's notice for the rent increase and it cannot be backdated... too late for the 7th of october payment , but I acknoledge their right to increase from next month and I will pay the increase amount from the 7th of next month.

Correct - well done.

mess0804 wrote: »

The lady on the phone said that I have to pay the shortfall and that they will take it from my deposit when I move.

This is very much NOT allowed. Just for fun, ask them to put the above statement in writing so you can consider what's best to do.

Don't give in to these bullies. What happens if they decide to up the rent by £500 per month and back date that to Jan 2009? Just because it's a small amount this time, doesn't mean you should accept it.

Definitely contact the deposit protection schemes. It sounds like these guys are making it up as they go along.

mess0804

Can the agency be the landlord in the same time? because on all the paperwork in the space for the landlord name&address there is a different company name (Central Investments something) and the same address as the letting agency ...
I will check the deposit paperwork tonight, hope at least that it's ok.

In the mean time it seams that we speak different languages: I have told them that I know it's not legal to ask me money backdated ... they just appear not to hear. The only letter that I got about the rent increase is not dated and it came by normal post (just a stamp on it) on the 27 of september.
unfortunately I haven't sent them the letter back by recorded mail either, I'll write another letter tomorrow.

mess0804

I just got off the phone with the lady from accounts from the agency who says that she is not the one who sends letters, she knows only that in her file a have a shortfall, that my rent increased in August WEATHER I AGREE OR NOT!!! They have no proof that they sent me any letter announcing the rent increase (because they haven't sent any) ... probably they could say that they sent it not recoreded and it got lost ... anyway I have to speak to some one else abot that who is apparently in holiday ... she only deals with payments and in her file I have a shortfall!

DVardysShadow

mess0804 wrote: »

I just got off the phone with the lady from accounts from the agency who says that she is not the one who sends letters, she knows only that in her file a have a shortfall, that my rent increased in August WEATHER I AGREE OR NOT!!! They have no proof that they sent me any letter announcing the rent increase (because they haven't sent any) ... probably they could say that they sent it not recoreded and it got lost ... anyway I have to speak to some one else abot that who is apparently in holiday ... she only deals with payments and in her file I have a shortfall!

Don't go running around after them on this. Their records could show that your rent increased in 1066 - this counts for nothing. You don't have to speak to this someone else. You don't need to ask them when your rent increased or plead with them to put their records right.

As tbs64 says, they cannot backdate the increase. It is best not to waste your time on the phone. Just send them a letter, recording when you were notified of the increase and offer to pay the increased amount from the next rent date [if you are happy to do that] subject to their confirmation in writing that the Section 21 notice is lifted.