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Question: negotiating rent on renewal - who moves first?

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    zas31 wrote: »
    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).
    The agent is wrong. (many agents have no training/understanding of the law - there is no requirement for agents to be trained!). He is confusing the LL's address "for the serving of Notices" under the Landlord and Tenant Act 1987 (which can be c/o an agent, his mum or anyone) with a wriiten request for the LL's identity and address under the Landlord & Tenant Act 1985 .

    Incidentally enforcement of this is not via the (civil) small claims court, it is via (criminal) magistrates court, but would need Trading Standards or the police to prosecute.

    However, since the LL is abroad and you (apparantly) already have his email, this seems academic.
    the LA intends to draft a Memorandum of Agreement.
    To agree what?

    Clutching at straws. I suspect the agent now realises you do not wish to sign a new fixed term tenancy agreement at a new rent, so is offering this instead! Do not accept it. Do not sign it.

    Move to a Periodic tenany at existing rent, and meanwhile, email the LL to advise him his agent is making life difficult for you, you may choose to leave as a result, and he will lose a reliable tenant as a result of his agent's actions...
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    G_M wrote: »
    Incidentally enforcement of this is not via the (civil) small claims court, it is via (criminal) magistrates court, but would need Trading Standards or the police to prosecute.
    Or the local council tenancy relations officer can assist with getting the agent to play nicely and dish up the address.
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