Question: negotiating rent on renewal - who moves first?

zas31

marliepanda wrote: »

If you disagreed to the raise, with no S21, after the end of your fixed term, the landlord still has to give you 2 rental periods notice (2 months in your case, coinciding with tenancy end dates)

Likewise, when do I have to leave if I disagree with the raise given there has been an S21 served to me in the last month?

marliepanda

zas31 wrote: »

Likewise, when do I have to leave if I disagree with the raise given there has been an S21 served to me in the last month?

If you want to leave, you can pack your bags and vacate on the last day of the tenancy, with NO notice. Your LA may try to say otherwise, but if it is the last day of your fixed term you can just up and leave.

If you stay 1 day past the end of your fixed term it moves onto a rolling tenancy which means you then need to give one months notice which coincides with a rental period (the day your tenancy ends on unless otherwise stated)

G_M

zas31 wrote: »

Likewise, when do I have to leave if I disagree with the raise given there has been an S21 served to me in the last month?

Read this post.

You have to leave when a bailiff appointed by a court evicts you. However it is wise to leave once a court has granted the LL a possession order.

Once the tenancy has ended, if you stay (which you can) the LL would have to apply to a court for a possession order. This will take a month or three depending how busy the court is. Assuming his S21 is valid the order will be granted. If the S21 is NOT valid, the court will refuse and the LL will have to serve a new S21 (2 months) and then apply to the court again (1 - 3 months)....

tbs624

marliepanda wrote: »

After your fixed term you automatically go onto a rolling tenancy. This is still a tenancy, and the landlord still has to give you 2 months notice.

OP has already effectively had their two months notice - nothing to stop LL proceeding straight to court for possession

OP - do try to talk direct to the LL. LA will probably also be trying to slap the LL with renewals fees etc

Check with the Land Registry - small fee to be paid - or write to the LA, asking them for the info:they are obliged by law to provide the info within 21 days of receiving your written request

G_M

tbs624 wrote: »

OP has already effectively had their two months notice - nothing to stop LL proceeding straight to court for possession (assuming S21 is valid)

OP - do try to talk direct to the LL. LA will probably also be trying to slap the LL with renewals fees etc Yes

Check with the Land Registry - small fee to be paid - or write to the LA, asking them for the info:they are obliged by law to provide the info within 21 days of receiving your written request Landlord & Tenant Act 1985

Land registry £4

zas31

G_M wrote: »

Land registry £4

The LL lives overseas, all links other links lead to LA. Have qeried Land Registry some time ago.

I mean - if I just want to get in touch to confirm what LA tell me - what's the problem with email/FB? An off-record conversation so to speak?

zas31

tbs624 wrote: »

write to the LA, asking them for the info:they are obliged by law to provide the info within 21 days of receiving your written request

I've pressed them hard enough, the only address I got back is LA, c/o LL. Because they know they can get away with this.

G_M

zas31 wrote: »

I've pressed them hard enough, the only address I got back is LA, c/o LL. Because they know they can get away with this.

Landlord & Tenant Act 1985

"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."

Criminal offence not to give you address.

The LL lives overseas, .. if I just want to get in touch to confirm what LA tell me - what's the problem with email/FB? An off-record conversation so to speak?

This is the best approach in the circumstances. Certainly it can do no harm. Worst that can happen is LL says he's appointed an agent to deal with his tenancy so please speak to the agent!

zas31

G_M wrote: »

Landlord & Tenant Act 1985

"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."

Criminal offence not to give you address.

I have brought this section to the attention of LA, who have responded that legally they are compliant by providing an LA address "c/o LL", and that any court would view it that way as well. Perhaps I should have challenged that in small claims court then?

Land Registry shows LL registered at the address of the property.

LL's electoral roll records (via 192.com) show a different UK address, whereas the LL lives and works overseas (thanks to Mark Zuckerberg, it only takes an instance to find the city/country where the LL actually lives).

zas31

G_M wrote: »

3) many S21s are invalid - are you sure yours is valid?

Ok, the LA intends to draft a Memorandum of Agreement. Found a reference that says the 6-month rule is not enforceable unser s5(5), which doesn't jump at me when I read the section. What other 1988 Act sections regulate Memoranda of Agreement?