the agency is insisting in asking a rent increase backdated

tbs624

clutton wrote: »

OP has already had S21

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

See post 2 - as the s21 appears to have been served *prior* to the deposit being registered it will be invalid.

The s21 may also have been served prior to the signing of the tenancy agreement if signed on the same day, again rendering it invalid.

The OP should keep quiet about that and let the LA try to rely on the S21 if they want to try eviction: they will obviously have to start over again.:D


OP - talk direct to the LL. Most LLs prefer to hold on to reliable Ts rather than lose them because of the inadequacies of the LA. It would costs the LL more than a couple of month's worth of rent increases to start over advertising etc for a new T

neverdespairgirl

clutton wrote: »

OP has already had S21

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

Not a valid s.21 notice, if it pre-dates the deposit's being protected.

clutton_2

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

wrong order... as neverdespairgirl so rightly points out...

your notice is invalid...

dont pay the rent increase and dont leave... do nothing... let them take the next step....

mess0804

I got this email back from the agency ...

We sent you a letter in June (2 months prior to your tenancy ending) asking you whether or not you wished to renew your tenancy and making you aware that it may be subject to an increase. We then sent a compliment slip (hand delivered) at the end of July stating that as we had not heard back from you, we assumed that you were ok with the rent increase.

Unfortunately, as we were short staffed in August, many of the renewal paperwork was not sent out when it was due. Therefore, we sent them all out in September. As you can see two letters were sent and it also clearly states in your Tenancy Agreement that an increase is due on a yearly basis (Page 2 – Clause 4). Also, we believe that one of my colleagues spoke to either yourself or your husband in August to confirm the amount of the increase.

We fail to understand why you were not aware of this increase given the above, however, we have spoken to the Landlord who have agreed that you can pay the increase from the 7th October.

the first letter that she is saying about was a general letter saying that my first year will end and if I want to "hold on" to the property ... it said that the rent may increase , not exactly with how much ...after that the next time I've spoken on the phone with somenone I asked if they can negotiate with the landlord (as the economy is not that great, and he property hasn't improved in a year), they said they will let mw know ... and only 3 month letter I got the letter saying that I have to pay my shorfall...


I think the landlord is a company (probably the same company as the letting agency, only wih a different name), I don't think they will take the trouble to go to court, kick me out ... they just messed up theit papers and want me to pay ...

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


............

angrypirate

Ensure you get your full deposit back from the scumbags. Are they a member of ARLA? Could be worth a little letter. I said to a very big EA (after shoddy service) that I wanted their complaints procedure (Im a tenant). After 3 requests they didnt sent it to me so instead I said I would be going to ARLA. In no time at all I was dealing with the director for lettings of the whole company. Everything was resolved really quickly with a big apology. They even sent me a "with compliments - sorry for the hassle" chocolate advent calendar and waived fees.

princeofpounds

Whilst you are still a tenant, make a written request for the name and address of your landlord. It should be on the front of the contract, but if it is not then it is one of the few situations where you are allowed to withold rent until one is provided. It is a criminal offence for the agent not to provide the details withing 21 days, although it only has to be an address suitable for written communication so might not be their actual address.

Also check on the land registry, will only cost about £4 and it will display the name of the property owner, and if you are lucky an address for them too.

I wouldn't let this drop until I had spoken to the landlord, as it's very possible the agents are mis-communicating to hide their mistakes.

If the notice was not a S21, perfectly completed, then it will not be valid and you will not have to move yet (it is as if they never asked you). The old S21 is certainly invalid given what you have said. Can you confirm it is properly done? Of course if you now want to move it's academic really.

The one good thing is that no matter how much they whine or bill you for the 'shortfall' you are not liable for any extra rent until you received a proper S13 as we discussed above.

If they give you a bad reference by claiming you had arrears, when legally speaking you did not, then you could also potentially sue them for damages as it is libellous. Remember that if they threaten to throw their weight around on that aspect.