Tenancy rent renewal - how to avoid rent increase?

Fire_Fox

Poq wrote: »

Opinion? Email is a more reliable and provable form of communication than regular mail, that's a fact.

If a letting agent ignores my letter, I cannot prove I sent it and they received it (without spending money on tracked mail). Email is a bit different, especially if they reply by addressing other parts of my email and ignored the part about requesting contact details. (Which is the case.)

What you can read in my posts is frustration, this has been gone over and over ad nauseam explained by those with far more experience than either you or I - Shelter, professional landlords on here for example. I have shown you where the advanced search is, but you want personal and polite service for free? We are here to signpost and suggest, you haven't been polite you have been obstructive.

Recorded delivery is proof IF it is signed for AND you can read the signature AND prove that a member of the household signed for it. By all means use that method, but you were the one complaining about the cost so I helpfully gave you a free alternative. Shyster landlords, tenants and debtors will refuse to sign for it or fail to collect from the Royal Mail depot, some postmen stick them in the letter box without getting a signature or even signing for it themselves. Courts will accept two copies from different Post Offices with proof of posting as proof of delivery.

For clarity
"I consider email to be "in writing". In fact, it's easier to prove I sent an email rather than a letter unless I spend money on recorded mail."

"You can consider electronic mail to be what you like, I have pointed you to the relevant legislation and it does not agree with your opinion. The fact that you have a postal address at which to serve notices on your tenancy agreement not an e-mail account at which to serve notices is a big clue."

tbs624

Fire_Fox wrote: »

What you can read in my posts is frustration, this has been gone over and over ad nauseam explained by those with far more experience than either you or I - Shelter, professional landlords on here for example. I have shown you where the advanced search is, but you want personal and polite service for free? We are here to signpost and suggest, you haven't been polite you have been obstructive.

May be best to "step away" from the thread Fire Fox - you don't *have* to respond to the OP's queries and all OPs are of course free to use or ignore anything that any of us post up.

It's unfortunate that the thread got a bit muddled through being "highjacked" by another poster who also has s13 queries.

Poq - we note that you have already tried and failed to get the LLs address from the LA.

Consider trying again via good old snail mail - the relevant statute to refer to within your letter is the LL&T Act1985, s1 - see here Note that in this context "address of the LL" his/her "place of abode or place of business or, in the case of a company, its registered office". The LA's office address is not the LLs "place of business" unless the LL works there.

You'll see that the LA has 21 days from receipt of that written request to provide you with the information or they will be committing a criminal offence.

It is worth you mentioning this in full to the LA - there is no current requirement for any individual who wishes to operate as an LA to have any formal training, qualifications etc and they are not subject to formal regulation. It should come as no surprise then that some LAs have a limited knowledge of LL &T law, with some liking to make it up as they go along.

This address requirement is separate to the LL&T Act 1987, s47/48 requirement to provide an address in England or Wales "at which Notices may be served"

Your emails on repairs issues seem [edit:similarly] to have elicited little response. For the price of a postage stamp, consider again using snail mail - list out all the issues and provide print outs of your emails. Give them dates/times which would be suitable for you to provide access and formally request that they confirm within 7 working days what their plan of action is.

Template letters are available on the Shelter website and they have a pdf "Getting Repairs Done" which you will probably fnd helpful. Obviously you would retain a copy of any letter you send for your own records.

Unfortunately, there is little to prevent the LL deciding your tenancy should be brought to an end at the earliest possible legal opportunity if the LA presents you as a "difficult" T . Note however that if the LL has not scheme registered your tenancy deposit *and* provided you with the scheme's "prescribed information" then any s21 Notice will be invalid.

Regardless of the LL's intentions you may well feel that you prefer to move on to a property where you have the information you are entitled to and repairs get dealt with. How does the current rent compare to other similar local properties?

G_M

Poq wrote: »

...
I consider email to be "in writing". In fact, it's easier to prove I sent an email rather than a letter unless I spend money on recorded mail.

.

What you consider does not matter. What matters is what the law 'considers'.

When the statute in question says a tenant must make a request for the LLs address "in writing" it means .... WRITE A LETTER.

Cissi

Poq wrote: »

Opinion? Email is a more reliable and provable form of communication than regular mail, that's a fact.

It's also a fact that a court won't necessarily agree with you as there is no way to prove that an email has actually been received and read - but as Firefox stated, they will accept proof of postage (free!!!) from 2 separate post offices.

limerick12

Hi, my landlord raised my rent for september 2011 under a section 13 notice which i only received by email 4 days before my rent was due, even though he said that he had hand posted it through my door months prior which I had never seen.

I subsequently paid the increase because I had falling behind in rent and the landlord took me to court, rent arrears paid of before court hearing and the Judge ordered I pay my next rent by 15/01/2001, and i felt under so much pressure.

My landlord sent me another section 13 notice this year to take effect from eptember again, I appealed to the Rent Assessment Committee who has stated the section 13 notice was invalid because the landlord had only attached 5 motes and not the prescribed 17 notes.

This has brought to my attention that the 1st section 13 notice from 2011 was also not in the prescribed format, because there was only 5 notes and not the 17 as required.

I have subsequently paid £6,788 in extra rent, can any one please tell me if I am legally able to ask my landlord for this over payment back, what is the law on serving a section 13 notice without the prescribed notes and because I have paid the increase have I accepted the increase even though it was incorrect.

Thanks for any advice tat can be given

G_M

limerick12 wrote: »

Hi, my landlord raised my rent for september 2011 under a section 13 notice which....

For future reference, PLEASE start a new thread rather than hijack someone else's.


A S13 Notice is not required where both LL and tenant agree a new rent.

By paying the new rent, you implicitly accepted the LL's proposed new rent, thus agreeing.

limerick12

G_M wrote: »

For future reference, PLEASE start a new thread rather than hijack someone else's.


A S13 Notice is not required where both LL and tenant agree a new rent.

By paying the new rent, you implicitly accepted the LL's proposed new rent, thus agreeing.

Sorry I did not intend to hijack but it is the 1st time i have used the site.

I did not agree a new rent with the LL, he issued a section 13 notice 4 days before rent was due but with out all the advice notes that is laid down in the prescribed format.

How do i start a new thread ?

tbs624

Welcome as a newbie poster limerick12. If you go on to the main house buying renting and selling board and look up at top left there is a blue "new thread" button . Hit that and away you go.....