Rented House rent increase ? breach tenancy UPDATE

marliepanda

bingy_burge wrote: »

So its as good as toilet paper!:mad:

Its shouldnt be so, I have stated in my letter that i am willing to negotiate on increase from the 1st Oct 2012 and higlighted that page. I will let peeps know how I get one.

You can still highlight the fact it is i your agreement, regardless of whether it is enforceable.

And say you are not agreeing to the increase because of what you signed up for... you dont have to, but they can give you 2 months notice if they take umbridge.

bingy_burge

Yeh I sent it to the agent now.

If he does go s21 on me I will fight it, as the council advise me to stay until evicted before they will help me.

I have looked at houses this money as we considered moving and at the £800 plus mark they arent not renting fast and you can get four beds for that money a 1 minute drive from here. I think he is mad! Its a good location, but in its not ultra modern ie unefficient old back boiler etc old gas cooker and oldish kitchen. I know a good 4 bed went for £825 a fe months back and two doors up let the same time we took this for £850 with brand new kitchen bathroom and superb throughout. I tried to get it for £825 and someone else came forward the day afterwards at the £850 and then they didnt want us for trying it one i suppose.

BitterAndTwisted

Garner all the evidence that you can get your hands on that this proposed rent-increase is not in line with other similar properties in your area. Especially ones without dodgy drains.

Perhaps one strategy might be to say you'll agree to a rent-increase of some sort but only once the drains have finally been sorted, otherwise the property isn't actually worth the £795 you're paying now to you or anyone else.

Quite honestly, if you can rent a decent and fully modernised property for that £835 you should take it. And do your utmost to ensure the landlord has a void-period between tenancies by not allowing any viewings while you serve out your notice-period. I would.

bingy_burge

BitterAndTwisted wrote: »

Garner all the evidence that you can get your hands on that this proposed rent-increase is not in line with other similar properties in your area. Especially ones without dodgy drains.

Perhaps one strategy might be to say you'll agree to a rent-increase of some sort but only once the drains have finally been sorted, otherwise the property isn't actually worth the £795 you're paying now to you or anyone else.

Quite honestly, if you can rent a decent and fully modernised property for that £835 you should take it. And do your utmost to ensure the landlord has a void-period between tenancies by not allowing any viewings while you serve out your notice-period. I would.

The only issue I have is the hassle and the vettings fees are 200-400 around here and then I have the cost of moving mail redirection. My eldest is starting at a local school in sept I think the guy is scum said he wanted a family in the house no sharers etc no pets etc.

We have been model tenants other than moan about the drains that blocked are second week and were identified as blown pitch fibre and I have called the water board 5 of the 8 times and got them to do but they started to refuse to unblock them.

The shower packed up and the boiler needed a new thermostat and we had a leak on the water tank. Its not stuff that was my fault and I feel I am asked to foot the bill becuase the market is seen as bioant. There are several houses around that money that are 4 beds and anything over £825 seems to hang round a few months. A 3bed detached went on round the corner at £825 now its £725!

The onlyu thing is its near the hospital but nurses and doctors round here are know for not looking after properties.

G_M

It_can_get_better wrote: »

It appears that once a tenancy becomes statutory periodic any rent increase clause is overridden by s13, so i'm afraid it looks like they can increase the rent after the fixed term when they choose.

http://www.bailii.org/ew/cases/EWHC/Admin/2009/1367.html

Thanks.

So a properly served S13 Notice can increase the rent whatever clause is in the original tenancy agreement.

This certainly alters my long-held understanding of the law in this area.

However, this is a ruling in the High Court, not the Court of Appeal, so it does NOT set a precedent, and does NOT have to be followed by other High Court judges (or lower courts/rent panels)....

bingy_burge

G_M wrote: »

Thanks.

So a properly served S13 Notice can increase the rent whatever clause is in the original tenancy agreement.

This certainly alters my long-held understanding of the law in this area.

However, this is a ruling in the High Court, not the Court of Appeal, so it does NOT set a precedent, and does NOT have to be followed by other High Court judges (or lower courts/rent panels)....

So this does not set a legal percedent?

I have told the agent in my letter I am open to negotiation on the increase from the 1st october as per our tenancy. The hole.thing is a joke why should I keep to any of the obligations in the document if the landlord is happy to breach them. I am close to immigrating think I will get my degree and get out of this hole that seems to be for immigrants or the super rich anyone else in the middle is good for a shafting.

jjlandlord

G_M wrote: »

So a properly served S13 Notice can increase the rent whatever clause is in the original tenancy agreement.

In a statutory periodic tenancy.

G_M wrote: »

However, this is a ruling in the High Court, not the Court of Appeal, so it does NOT set a precedent, and does NOT have to be followed by other High Court judges (or lower courts/rent panels)....

No expert here at all, but I believe that a decision High Court creates a binding precedent for county courts but not for other High Courts.

bingy_burge

Either way it's not a smart move and it's on breach of the agreement in which both entered into.

G_M

jjlandlord wrote: »

In a statutory periodic tenancy.



No expert here at all, but I believe that a decision High Court creates a binding precedent for county courts but not for other High Courts.

Oops. Yes. You're right.

(about the precedent).

Yes, as I read the case referred to above, this applies where an Assured Tenancy (whether Shorthold or not) has become a SPT (but NOT Crown or Local Authority Assured Tenancies).

bingy_burge

Spoke to the agent this morning regarding my letter. He has back peddled on the rise before 12 months stating the date on the form was an error. He will speak to him regarding the increase and any negotation and come back but if not he will issue another s13 with correct date.

I asked was he comfortable with marking the property at £835 and he replied 'I dont have a choice, that what he has told me to do' as I believe he will struggle based on a 3 bed semi in similar condition going on round the corner at £825 and now being reduced to £725 after a 2 months with no take up.

It appears that yet again the agent feels they are not there to advise their client just to do as their told. A good estate agent should be like a good mechanic and you ask their advice on what is the best course of action.