the agency is insisting in asking a rent increase backdated

princeofpounds

It very much is possible that the LA and the LL are the same person acting behind two companies. If you pay £4 or so you can download the title from the land registry which will tell you who actually owns the property.

As you have been advised, you are right and they are wrong, but that doesn't stop them claiming they are right. What will eventually happen is that you will leave and contest this through the deposit protection system. If you keep good records, you will wipe the floor with them.

If they keep billing and intimidating you then you might wish to consider writing to them pointing out that you do not wish any more communication on the matter and that if they continue to pursue you for a fictional debt you will consider reporting them to the tenancy relations officer at the council/trading standards/your lawyer or whoever might be appropriate (need to think about that one).

Yorkie1

Did you keep the envelope which their letter came in? If it shows the postmark, that is useful dating evidence,

mess0804

thanks guys, I'll just ignore them and will see what happens . From what I think I don't have to prove when I received the letter, they have to proove that I received it on the 6th of July ... well, I hope they invented the time machine
I can understant that they try their luck and intimidate people ... but what really annoys me when they see that I know what I am speaking about (I have quoted the law, the section 13) ... they keep insisting and have an attitude (the woman on the phone was really rude : '' you rent increased in August WEATHER YOU LIKE IT OR NOT!!! '' . I told her that it's a two way contract: they have to tell me a month before, I have the option to decide if I like it or not.... to continue the contract with them...


I just checked online the deposit is under TDS ... but it's for the initial contract length... is this a problem???

Beginning on
07-08-2009
Ending After
06-08-2010
has the associated tenancy deposit of
£ 1050.00
protected by The Dispute Service Limited

DVardysShadow

mess0804 wrote: »

thanks guys, I'll just ignore them and will see what happens . From what I think I don't have to prove when I received the letter, they have to proove that I received it on the 6th of July ... well, I hope they invented the time machine
I can understant that they try their luck and intimidate people ... but what really annoys me when they see that I know what I am speaking about (I have quoted the law, the section 13) ... they keep insisting and have an attitude (the woman on the phone was really rude : '' you rent increased in August WEATHER YOU LIKE IT OR NOT!!! '' . I told her that it's a two way contract: they have to tell me a month before, I have the option to decide if I like it or not.... to continue the contract with them...

Highlighted the key point there. You have to agree the increase. If you don't, then all they can do is issue a Section 21. They cannot even count the difference as arrears and evict you on that basis.

Of course, they could play hardball and stick to the section 21 unless you agree to backdating. But all that does is ensures that they will have a rental void if you don't play.

mess0804

DVardysShadow wrote: »

Highlighted the key point there. You have to agree the increase. If you don't, then all they can do is issue a Section 21. They cannot even count the difference as arrears and evict you on that basis.

Of course, they could play hardball and stick to the section 21 unless you agree to backdating. But all that does is ensures that they will have a rental void if you don't play.

are you saying that they can kick me out if I don't pay the backdated increase?

Planner

Was the rent increase built into your tenancy agreement? ie the rent will increase by RPI on the 12 month anniversary of this contract?

angrypirate

mess0804 wrote: »

are you saying that they can kick me out if I don't pay the backdated increase?

No, but they can issue you with a S21. They cant legally persue you for it.

DVardysShadow

mess0804 wrote: »

are you saying that they can kick me out if I don't pay the backdated increase?

Ultimately they can, by means of a Section 21. But they have no right to describe any backdated rent increase as 'arrears' or to take you to court over it. And if you don't pay it backdated, they cannot fault you as a bad payer in a reference for example. [edit: they can't take it from the deposit either]

Ultimately, if they do decide to issue a Section 21 notice, it will only be vindictiveness - it won't get them their backdated rent. So I would not expect them to bother - except to cover their backsides with the Landlord. Now is the time to contact the Landlord and conduct negotiations with him, possibly.

clutton_2

OP has already had S21

""they gave me a section 21on the 7th august and the deposit is protected from the 11th. ""

DVardysShadow

clutton wrote: »

OP has already had S21

""they gave me a section 21on the 7th august and the deposit is protected from the 11th. ""

Something in the back of my mind says that the section 21 notice is invalidated if LL or LA subsequently indicate that the tenancy may continue. [true???]

Now the letter for the rent increase came on 27 September and the section 21 expired on 7 October. It looks to me as though the LA has gone about this in the wrong order - the first step should be to negotiate an increase of rent - and only then to give the Section 21 if an acceptable rent is not agreed.

I think this is the reason for the section 21 being invalidated by subsequent negotiations - the Tenant should not be placed under the pressure of an imminent termination of the tenancy while negotiating rent, which by its very nature could go to the wire just a day or so before the expiry of the section 21. Effectively, tenant should have the full benefit of a complete period of 2 months notice after the conclusion of negotiations.