Rent Increase

Super_Ram

Hi All,

I have a query and hope someone can help me.

I received a Voicemail off our Letting Agent earlier this week(Voicemail was left a couple of weeks ago but I damaged my phone on holiday so couldn't check it until now) stating can I get in contact regarding the rent increase which they notified me about in July that was du to start in September. She stated she has looked at the last few months rent since the increase was due to happen and noticed the payment was still for the old rent sum. She asked if I can get in contact to sort out how I pay the arrears owing.

I never received any such notification from them about a rent increase. Also I pay me rent by Debit Card so ever since the Increase was suppose to happen in September I have been ringing them and speaking to someone to pay my rent. The funny thing is on each call(which would have been 2 not since the increase was supposed to happen) when I give my details the person always says the rent is £xxx, is that correct and I say yes as the amount they have quoted to me on both occasions was the sum I always pay. So if there was a rent increase they obviously did not have it on there system as they never quoted me a higher rent price when speaking to them.

What I want to know is:

1 - Have I got a leg to stand on saying I have never been informed and backing it up by the fact I have spoke to them once a month since this notification went out in July and not once did they verbally mention any increase and happily took the old rent sum.

2 - And if I am correct on the above what sort of notice do they have to give to increase my rent as all I have so far was this Voicemail left at the start of November. Do they need to do it from scratch and send me notification again. Also do they need to quote a reason for the increase or is it just there right to do it as long as they have followed the correct process for notifying me.

Thanks in advance for any help

anselld

Yes, tell them you have not received notice. Ask them for copy of the relevant S13 notice and for proof that it was served.

Super_Ram

Okay I can do that.

What is an S13 notice and what information should it have on it for me to be able to agree.

Also does it make a difference if we are on fixed term contract or rolling in terms of what they need to do in order to increase the rent?

theartfullodger

Disagree: The longer the agent/landlord takes to issue the correct paperwork (a Section13 notice) the longer it will take before you HAVE to pay the increase: So I would not help the agent by asking for an S13. ..

Agent/LL may, of course, if unhappy that you are not just doing as told issue you with a S21 notice & start eviction process..

When did the last fixed-term tenancy you signed start & finish?? There are rules about when S13 works...

(??) ...unless still in fixed term & origianl tenancy said £xxxx/month to start with then £xxxx plus some more from dd/mm/yy....

Mickygg

Can the landlord not just back date the paperwork to make it look like it was sent?Similar things happen at work and it's difficult to prove.

Super_Ram

Well to point out what you have stated about eviction, the increase is not that much that I want to risk eviction and not telling the agents but I am fine paying the increased rent as long as it is done properly.

So going forward as long as they do it correctly and give enough notice I am happy to pay the increase.

However it is the back rent which I am not happy about as they haven't informed me but I do not want to get into a bitter legal argument over a few quid which could lead them to serving an eviction notice as they didn't get their way for the rent increase so they get back at me that way.

Super_Ram

Mickygg wrote: »

Can the landlord not just back date the paperwork to make it look like it was sent?Similar things happen at work and it's difficult to prove.

I thought about this but do I have any grounds to the fact I have spoken to them every month since the increase was suppose to have happened and they have always confirmed the old rent amount when asking is this amount correct which to me implies there is no record in front of them stating the rent has increased or if there was it was the Agents mistake

G_M

Just to clarify, a S13 Notice may, or may not, be required. We do not know enough to say.

This post here explains when, if, and how a rent increase can be introduced. It also includes an example S13 Notice.

Super_Ram

G_M wrote: »

Just to clarify, a S13 Notice may, or may not, be required. We do not know enough to say.

This post here explains when, if, and how a rent increase can be introduced. It also includes an example S13 Notice.

Thanks for this and really good read.

Lets for arguments sake say my tenancy agreement did mention there can be an increase which makes this increase they are doing correct.

What I want to know is where do I stand with the fact I did not receive any notification or if they did send it is was not received which I am sure they will argue. However my defence will be no one can prove the communication for increase was sent or received however what I can prove is every time I spoke to one of them(different person ach month) to pay my rent they did not mention to me there was an increase and kept taking the original amount of rent. Does this put me in a better position instead of just arguing over whether a communication was sent or not as likely I will lose that battle?

G_M

The required Notice of the impending increase is explained in the link above.

If it comes down to an arguement about whether or not the notice was served on you, and on what date, the onus should be on the LL to prove service. (I say 'should' because judges can be unpredictable).

If you, the tenant, were serving notice (ie to end the tenancy, on the LL, the advice here is always to
1) post at a post office and obtain (dated) 'proof of posting' and, for the avoidance of doubt
2) to send 2 letters, from 2 different POs ( one could go astray, but both????)

Recorded delivery is an option (and if the LL produces a RD slip with your signature you are in trouble!), but of course RD letters can be declined,returned, or uncollected - thus not 'serve'.

Super_Ram

G_M wrote: »

The required Notice of the impending increase is explained in the link above.

If it comes down to an arguement about whether or not the notice was served on you, and on what date, the onus should be on the LL to prove service. (I say 'should' because judges can be unpredictable).

If you, the tenant, were serving notice (ie to end the tenancy, on the LL, the advice here is always to
1) post at a post office and obtain (dated) 'proof of posting' and, for the avoidance of doubt
2) to send 2 letters, from 2 different POs ( one could go astray, but both????)

Recorded delivery is an option (and if the LL produces a RD slip with your signature you are in trouble!), but of course RD letters can be declined,returned, or uncollected - thus not 'serve'.

Thanks for that

I never received any letter or signed for one so there will be no worry from me that they can produce a signature from me to say otherwise.

I think I will ring them today and advise I didn't receive anything and that they will need to provide me with notice to increase the rent going forward.