LL Problems Re New Tenancy Agreement

[Deleted User]

I have been in a three bed house for over a year. The initial 1 year tenancy agreement ended on 15th April so its been a periodic tenancy since then. Over this year, I put a bathroom in, totally paid for by myself because the walls were damp, waste pipes leaked and taps didn't work. Landlord said it would do as it was but I couldn't live with it, so with his permission, I put a new bathroom in (and its a nice bathroom although I did it for a relatively small amount of money). The landlord saw it when it was half done, was impressed and told my OH that we could have a year without a rent increase. This should have taken us up to April 15th.

The landlord came round to do an inspection, said he was very happy with what's been done and how the house has been looked after. Then he said he wanted us to sign a new tenancy agreement in September with a £25 a month increase.

I know this does not sound like much, but I already top the rent up by £130 a month and am due to encounter a lot more expenses because my older son (who has aspergers) is after a long struggle going to sixth form in September. This is going to cost me about £200 extra a month because he won't get free school meals anymore and I'll have to pay for bus passes for me and him. The school does give a bursary but it was only £100 a term last year. So I'm already wondering how on earth I am going to manage. The twenty five pounds a month is not only contrary to what was suggested by the landlord a few months ago.., it is also going to come at a time when every penny counts.

The landlord wanted an instant decision about whether we'd sign the new tenancy agreement to be issued in September. I refused to commit, saying I needed to look at my options. He walked out saying he'd freeze the rent for two years. But given what's happened, the last thing I want to do is commit to a two year tenancy agreement. I have a son who wouldn't sleep in his bedroom last year because its under a flat roof, we can't insulate it and the landlord won't lower the ceiling so insulation can be added.

So what happens now? I assume if we refuse to sign a new tenancy agreement with the rent increase in September we will then go on with a rolling tenancy until/unless the landlord decides to evict us.

I am obviously going to do my best over the next couple of months to save everything I can so I have a deposit if we need to move.

But do I have an option with social housing? If I refuse to sign the new tenancy agreement on the basis of not being able to afford the £25 a week increase (because of the additional extra expenses I already have looming) .., would I be regarded as making myself intentionally homeless? I am experiencing quite some health problems and the stress of dealing with this landlord is not helping.

jamie11

You don't make it clear, was it to last April or next April that the LL said he would not increase the rent?

[Deleted User]

Next.., but he didn't give a date, I 'assumed' it would be til this tenancy year was over (i.e. April 2013), although we are on a periodic tenancy (and have been since April, when the inital tenancy agreement was completed).

I can tell u this, it hasn't been a year since he said that he wouldn't put the rent up for a year lol.

jamie11

deannatrois wrote: »

I can tell u this, it hasn't been a year since he said that he wouldn't put the rent up for a year lol.

You already have a SPT, there is no need for you to sign for a new fixed term unless you want the security of it. If you stay on the SPT the LL would have to serve a S13.

But have you reminded him of what he said? He may have forgotten. He would be daft to try to evict you for the sake of £300 a year when a void is going to cost him more.

lighting_up_the_chalice

The short answer to your question is "Maybe". It may be viewed as an "omission" on your part which has resulted in the loss of accommodation which would, otherwise, have remained available to you. It would be a pretty harsh decision, and well worth appealing, but it has been known.

However, if your current accommodation is "unaffordable", you may be accepted anyway.

It may be wise to approach your local authority now.

[Deleted User]

Yes I did remind him but he seemed to think inspite of the contract running from April 2011 to April 2012.., the rent freezing period would end in September 2012. He then expects me to sign a two year contract with a £25 a week increase.

But I can't., I know what it was like last year when I had to pay for the same bus pass to get my younger son and me to and from school (til he was given a place in a local school, within walking distance). It was very hard to find the fares. Since I discovered the bursary is going to be tiny, I have been dreading September. I will need to top the rent up by £175 a month if I sign the new tenancy agreement he's expecting me to sign in September. I don't know how I will manage.

I am quite happy to continue on a periodic tenancy. I'm not overly happy here (dreading the next winter on my younger son's behalf) and believe u me, while I can I will be putting money aside for a deposit on a just in case basis.

G_M

I'm afraid the work and money you have spent on the property may be wasted work and money. It is always unwise for tenants to spend money improving someone else's property unless they have written, contractual agreements about their tenancy security.

His verbal promise to keep the rent the same is meaningless.

Your options are:
* sign new fixed term tenancy at new rent (6, 12 or 24 months etc)
* negotiate and agree new fixed term tenancy at current rent
* stay on periodic at current rent (but with less security)
* move out

If you remain on fixed term, the LL may give you (2 rental period's) notice. No reason needed. Yes, that will cost him (lost rent between tenants, cost of advertising etc) but with a nice new bathroom maybe he can get a higher rent........

Or he may use the S13 process to increase the rent.

[Deleted User]

Yes, I didn't realise S13 existed but having read up on it now, I can see that even on a periodic tenancy, he can issue a Form 4b S13 and force me to have to pay the proposed rent increase.

I'll see how it goes.

I understood at the time that I was taking risks putting the bathroom in, but just couldn't sit and wait for the mould to reappear (the walls were damp behind the shower rail and the grout & silicon had obviously been reapplied to cover up mould etc etc (caused by a leaking shower water pipe). Unfortunately although the rent seems a fortune to me, I am still in the 'low rental' bracket.., these things tend to be more common than they should be.

[Deleted User]

I haven't given the Landlord a reply. His proposed tenancy agreement was to start in September. I have now received a charming text from him saying 'Well, what is your verdict"

I don't want to sign up for a two year tenancy. Six months would be my limit although I don't fancy another winter which might be less mild than the last with my younger son refusing to sleep in his bedroom because there is 'wind' in there and its freezing (I'm not exaggerating). All the LL offered was to put a larger rad in there. I'm paying enough out on heating bills as it is! It needs insulating, which he wont do and I can't do without paying to have the ceiling lowered. I'm not paying for anymore work on the place. He did finally offer to make a hole in the ceiling and see if insulation could be 'stuffed in there' but its a nine foot length room.., I can't see this working myself. He said he would NOT lower the ceiling, it would cost too much.

I'd rather go for a continuation of the periodic tenancy, I suppose I'll have to pay the rent increase if I must. But lol, if I could find another landlord who would take a tenant on LHA, I'd move out tomorrow (preparing to build up another months rent and deposit as we speak).

I don't know how to reply to his text (my proposed answers are all fairly rude). Any suggestions?

arbrighton

Don't correspond with him by text on this matter. It needs to in writing. As in pen and paper writing.

[Deleted User]

He's one of these landlords that doesn't understand 'private enjoyment'. He'll be knocking on the door next.