Sect. 21 questions

tbs624

jjlandlord wrote: »

OP can still increase the rent through the s.13 route, as already mentioned, if the tenancy is periodic. This would have no effect on the s.21 notice and would not create any doubt.

My bolding. OP can indicate her intention to raise rent - T may of course refuse to pay increase (because to pay it means to agree it and no T being booted out will want to agree a rent increase) and T can of course faff about seeking an appeal to the Rent Assessment Committee.

Hardly worth the LLs hassle for the Ts remaining time in the property, when rise is less than 5% and there's only a remaining two or three months of Ts occupancy likely.

jrgazette

Yes, I see. Thank you for this, it's good to know. I think I was having a sort of mad 'if we raised the rent would it make him go faster?' thought. It is indeed not something I should be considering, I should just hold tight and hope it goes quickly.

I do think letting agents should warn foolish landlords about this when they vie for your business and tell you they'll take care of everything. I had never considered the possibility that it would take a lot of time and money to get someone out of the flat after the contract had ended. (I realise a lot of people here can't believe the stupidity of such landlords.)

Werdnal

jrgazette wrote: »

I do think letting agents should warn foolish landlords about this when they vie for your business and tell you they'll take care of everything. I had never considered the possibility that it would take a lot of time and money to get someone out of the flat after the contract had ended. (I realise a lot of people here can't believe the stupidity of such landlords.)

IME letting agents do the bare minimum for maximum return. They are not going to tell you all the bad things when you are just about to sign up for them to manage the contract, as they don't want to put you off. TBH as Landlord you should have researched the topic much more before you handed over the property to the agents.

Its not stupidity; all the info is out there and joining a LL association, even if you are letting through an agent, is a wise move. Even agents get things wrong - there have been many tales of woe here from LLs whose agents have dropped them up to their necks in the smelly stuff, because the agents themselves are totally ignorant of the law and legislation surrounding letting. Just because they have a shiny office, flash car and designer suit, doesn't mean they know any more about letting than you do!

G_M

Forget raising the rent. A few extra pounds per month is nothing. Your main issue is getting the tenant out which seems to be what you want, so focus on that.

IF things change and the tenant stays, and you decide you are happy for the tenant to stay, then that is the time to consider the rent.

But for now, as suggested, get copies of everything and check:
* the S21 - served when? How? Check the wording and dates on it
* deposit - registered where? When? Precribed information given to tenant when? How?

This post has examples of S21 Notices, as well as links to the rlevant legislation.

jrgazette

Brilliant advice, thanks all.

marliepanda

Wanting to evict AND raise the rent for the notice period? Amazing.

Kynthia

Just to warn you that I've had to wait 10 weeks for baliffs in a London borough!

My tenant stopped paying rent in January, so I issued a section 8 in February. We went to court in April and I applied for baliffs at the beginning of May. We've finally been given a baliff date for mid-July, so it looks like it's going to be five months from issuing the notice to eviction. Court wasn't fun either.

jrgazette

"Wanting to evict AND raise the rent for the notice period? Amazing."

I think there is a fundamental difference of opinion here. When I let my flat out, I believed that it was not morally wrong to use it for short term periods to make money when I didn't want to occupy it. Your post indicates that being a landlord means providing a home for someone and being responsible for their welfare for longer than the contract period. I don't really understand why you think it's unfeeling, or whatever it is you think, of me to want my flat back. I already explained that I enquired about increasing the rent as an ill-thought-through attempt to make staying less desirable. That's not going to happen. And indeed, as the rent was typically raised annually, he's paying *less* rent than he would with a new contract, and less in real terms because of inflation. But thank you for your low assessment of my morality, it's helpful to the discussion.

G_M

jrgazette wrote: »

"Wanting to evict AND raise the rent for the notice period? Amazing."

.... I believed that it was not morally wrong to use it for short term periods to make money when I didn't want to occupy it. Your post indicates that being a landlord means providing a home for someone and being responsible for their welfare for longer than the contract period... .

I think you misunderstand Marlie's point. By trying to do these two things simultaneously(evict AND raise the rent) you

a) make extra work for yourself for a very small return
b) confuse the tenant as to your intentions
c) risk the one act (raising the rent ) impacting on the other (eviction, since it could invalidate your S21 by implicitly offering a new contract

jjlandlord

tbs624 wrote: »

My bolding. OP can indicate her intention to raise rent - T may of course refuse to pay increase (because to pay it means to agree it and no T being booted out will want to agree a rent increase) and T can of course faff about seeking an appeal to the Rent Assessment Committee.

T cannot refuse the increase. The only thing he can do is to appeal to the RAC, but if increase is in line with market it would fail.

tbs624 wrote: »

Hardly worth the LLs hassle for the Ts remaining time in the property, when rise is less than 5% and there's only a remaining two or three months of Ts occupancy likely.

I agree.

G_M wrote: »

c) risk the one act (raising the rent ) impacting on the other (eviction, since it could invalidate your S21 by implicitly offering a new contract

Offering a new contract does not invalidate a s.21 notice (otherwise the answer to agents trying a make tenants sign a new contract would be simple).
Increasing the rent is not the same as offering a new contract (in general, but beyond a doubt if through s.13 notice).