(un)reasonable rent increase?

jjlandlord

zas31 wrote: »

Last year I have requested LL's address from the agency in writing, and their legal team have come back declining the request and saying that the "c/o" address meets the requirement of the bylaw.

True/false? If the latter what's my come back?

My understanding is that they are right re. LTA 1987 s.47 but not for LTA 1985 s.1/2.

You can bring the matter before your local authority which could fine them up to £2500.
That said, to actually get the LL's address your other option would be the land registry as already suggested.

princeofpounds

If it's a flat just make sure you look at the leasehold title and not the freehold (at least at first).

theartfullodger

zas31 wrote: »

Last year I have requested LL's address from the agency in writing, and their legal team have come back declining the request and saying that the "c/o" address meets the requirement of the bylaw.

True/false? If the latter what's my come back?

They are correct as regards Landlord and Tenant Act 1987 s.47 but not for LTA 1985 s.1

Write back with calm, sober & polite letter referring to this and pointing out they are already over the 21 day timelimit & would they kindly respond.

See..

http://www.legislation.gov.uk/ukpga/1985/70/section/1

1 Disclosure of landlord’s identity.
(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—(a)any person who demands, or the last person who received, rent payable under the tenancy, or(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

How odd, a lettings agent not knowing what the law is (or lying when they actually do..)


Maybe refer agent to this thread for his better education (at no charge??)


Cheers!

Artful

Caveat_Mortgagor

My first thought was that you seem to have indicated that the agent hit you with a massive increase last year.

If so, they probably just think you are easy prey. Definitely fight them.

In truth, agents are crap negotiators. They know that some people will grudgingly pay what is demanded, and others will dig in their heels.

The problem you have is that last year (it seems) you gave them the impression that you are one of the easy prey.

Let them know that you are better informed and no longer a target for them. The advice above from Artful Lodger to tell them which specific piece of legislation to quote will let them know that you mean business.

I would counter offer them a reduced rent. Look everywhere for evidence to support your request whether it is the rents being asked by other agents (and even the same one) and compare with what was being asked last year.

To help you do this, use property bee on rightmove. Few agents bother to close an entry for a letting property, they leave it on RM showing let agreed, then edit the same listing when its available again. The PB history on these entries will give you a really good insight into how the lettings market has performed in your area and whether another 20% increase is realistic.

Good luck!

theartfullodger

On re-reading LL&T 1985 S1 it may of course give agent a CRIMINAL conviction - - perhaps "remind" him of this??

zas31

Caveat_Mortgagor wrote: »

I would counter offer them a reduced rent. Look everywhere for evidence to support your request whether it is the rents being asked by other agents (and even the same one) and compare with what was being asked last year.

Good luck!

Of course I did, but the agents' response was regardless of the numbers you show us and the local trend we think we can achieve the new asking price that we gave you.

So last year I have shaved off only a tiny bit off the last year's asking price.

Is it worth playing the waiting game and see if the agent and/or LL are bluffing or actually are willing to remarket the property? I.e. for some time not saying yes, not or here's my counter offer. What would the agent's LL's likely action be?

Of course closer to the expiry of the contract I would be in a better negotiating position than 2 months before - provided someone else has not agreed to pay the asking price while I still wait with my response...

Caveat_Mortgagor

zas31 wrote: »

Of course closer to the expiry of the contract I would be in a better negotiating position than 2 months before - provided someone else has not agreed to pay the asking price while I still wait with my response...

As it stands you are the only one who knows the asking price. You are the sitting tenant and neither party has given notice. As such, your place shouldnt be advertised anywhere, so its unlikely that anyone else will agree to pay it (especially without a viewing) whilst you make your decision.

The agents are playing a game with you. They have stated their position as far as they would like you to see it.

What they havent stated is that on the specific day your tenancy expires, you can hand back the keys. You do not need to tell them in advance. The landlord will be hoping you dont come in with your keys on that date as he will not be earning any rent whilst the place is empty, and finding someone could cost him a months rent, maybe 2 if the new tenant has to give notice in their old place. NB - this position only applies to the exaxct date of the expiry. After that you will have to give usual months notice from start of month stated in your contract.

About 3 years ago we were asked for a 4% rent increase. I refused and counter offered with a decrease of 13%. There was a stand off for a few weeks. 3 days before our contract expired I rang the letting agent and verbally informed them that unless our offer was accepted I would be handing back the keys. Cue panic between agent and landlord. Landlord didnt want a void, agent didnt want to explain to an irate landlord how they had lost a good tenant by being greedy.

Less than 10 minutes later I got a call to say 'what about an 8% decrease'? We agreed and we are still living there. Not had a rent review conversation since then. I think I might have scared them!

Judith_W

Not being funny, but if you are going to get this grief every year / 6mths would you not be better off looking elsewhere?

Judith_W

Caveat's idea sounds genius though...