Need help with landlord trying to end tennancy after 1 month

suited-aces

For what it's worth I'd let the landlord illegally evict me then ruin her, but I'm a single male (unmarried, living apart) with no-one to look out for so I do appreciate that's not an option for everyone.

marliepanda

woops wrong place

GtiTory

Ok So,

Had another stint of text messages.
1. about how I am affecting the sale of the flat so therefore I have to be out in 4 weeks.

2."for the record this is written correspondence so please reply via text"

3.The rent will increase to xx per month, this is your notice
- the rent increase cost has gone up by 13% than what I'm paying. and in the contract, it does actually state the rent will increase by £25.. and no more.

4."The reason for the increase is for ground rent and management fees (surely they should be covered the first time we negotiated rent) as per the tenancy agreement. I have reviewed the agreement and confirm I have to give you 2 months notice, so your move out date will be 2 september(shouldnt it be 2nd december like the tenancy states, and the notice should be given in october) I have put this in a letter to you

I then got another text, stating again about the rent increase again.

Do text messages stand as formal written correspondence?

Should I get the phone number blocked by my network provider?

Yorkie1

Your LL continues to prove just how much of a dangerous muppet they are. You must get back onto your TRO on Monday and get them to take some action on your behalf rather than just laughing at what the LL is trying to do.

As previously advised, the 2 months' notice does not take effect until the expiry of the fixed term. She cannot give you 2 months' notice for September. It must expire at the end of the fixed term, if given more than 2 months before its expiry.

Next, in order for it to be formal notice in any event, it must be in writing (text does not suffice, particularly as you have indicated you are not prepared to accept correspondence by text) and cite the relevant legislation. Even if you were now out of your fixed term, it is not valid notice.

Rent. I *think* that a fixed term contract rent can't be increased during the fixed term - certainly not within the first 6 or 12 months. And then again, if it is raised without issuing a new tenancy then it needs to be in writing and to cite the relevant legislation. But others will hopefully confirm this. Continue paying at the initially agreed rate.

I also think that the LL can't charge the T separately for certain leasehold costs such as management charges, so it would be unenforceable on this ground too. But again hopefully others will confirm this one way or another.

Out of interest, please post the specific clause which the LL is trying to rely on to raise the rent - it's probably invalid anyway.

Don't respond until you've spoken to the TRO. Personally I wouldn't block the number, in that at least you know what the LL is up to - better forewarned than forearmed.

Kynthia

You can't increase rent during a fixed term and as others have said a LL can't end the tenancy before the end of the fixed term unless they use a section 8.

Just continue to ignore texts. If you reply, even to say again that you only want to correspond in writing, you are entering into correspondance and you don't want to do that by text.

GtiTory

Thanks for your help. I keep ressurecting this thread.
Very complex for a 6 month stop gap til we decide what to do with buying/renting further!

Yorkie1

Good luck and hope you manage to enjoy some of this lovely weather this weekend without worrying too much!