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Everything is on my landlords terms?

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  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    red_devil wrote: »
    i can write.

    can I suggest you write to your landlord if this is your only means of direct exchange.

    Let them know how you feel and what needs doing and what rent you believe is acceptable with comparibles. If you want send a copy to your letting agent.

    I think that some letting agents do not tell landlords exactly what is going on with their properties as they feel a need for some reason to protect them.

    My tenants have my email and my mobile number, can phone when they like and if I need, which is seldom, to talk to them I text them first to arrange a convenient time.

    maybe your landlord is unaware of any of what is going on, try a letter
  • red_devil
    red_devil Posts: 10,793 Forumite
    ognum wrote: »
    can I suggest you write to your landlord if this is your only means of direct exchange.

    Let them know how you feel and what needs doing and what rent you believe is acceptable with comparibles. If you want send a copy to your letting agent.

    I think that some letting agents do not tell landlords exactly what is going on with their properties as they feel a need for some reason to protect them.

    My tenants have my email and my mobile number, can phone when they like and if I need, which is seldom, to talk to them I text them first to arrange a convenient time.

    maybe your landlord is unaware of any of what is going on, try a letter

    i agree with you, once the agency told me that the owner only needs to know what they need to know whatever that means.
    :footie:
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 24 June 2013 at 1:41PM
    Some of the above posts seem to assume you are on an assured short term tenancy but I'd agree with pmlindyloo you check what type of tenancy you have: http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

    If it's an AST then given you didn't agree the rent increase and didn't accept it by default by paying the increased amount then to impose the rent increase the agent/LL would need to have served you with a Section 13 notice. Was this served, was it correct? If not then they cannot backdate the increase.

    The rent now is for you to negotiate. I'd put your credentials as a good tenant in writing to the landlord and explain your opinions on the rent. Mention the loss of income having the property empty between tenants and the uncertainty that any new tenant will stay long term or be reliable. An experienced landlord should realise a good tenant is worth a discount but it depends on the local market. If there are other similar properties asking what you want to pay mention those. They could get strong arm and serve you a section 13 to increase the rent or a section 21 notice asking for possession but if you really can't afford the rent you've little to lose as moving is on the cards anyway.

    Faults should be reported in writing as you do not want any disrepair they cause being called your fault so they want you to pay for it.

    If any of the improvements you've made are easily reversible or include things you can take with you then you can reverse them. I'd suggest no more improvements to the LL's property.
  • red_devil
    red_devil Posts: 10,793 Forumite
    red_devil wrote: »
    i agree with you, once the agency told me that the owner only needs to know what they need to know whatever that means.

    meant to say that when i wrote once the agency said i should not do that.
    :footie:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 24 June 2013 at 1:52PM
    red_devil wrote: »
    yes they are saying i am in arrears from december, but the work wasnt done then? They didnt even come out to look around.
    * So was the rent increased in December, or are they increasing it now and back-dating? The former may be allowable, the latter is not.

    * have you (ever) paid the new rent? Even once? If so, you have accepted it.

    * How was the rent increased? Read: Rent increases (how and when can rent be changed)

    * It is always better to discuss directly with the LL than the agent

    * All the guff about how the LL got the property, and how many she has, is irrelevant.

    * You don't say what 'jobs' need doing or whether they are minor problems or major issues. There are procedures for repairs - have you followed them? Either way, they seemto be actingon this.

    * Unless the 'jobs' are really significant (non-functioning heating system?) they are unrelated to the annual rent review and should be dealt with seperately. You can use them as a bargaining tool in discussionofcourse.

    * the key factor in rent reviews, for both sides, is comparable rents in the area. If you left, could the LL easily replace you at the same/higher rent? If you left, could you easily find another property at same/lower rent?

    * above assumes AST in England/Wales. If you moved in before Feb 1997 you may have additional rights.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    yes they are saying i am in arrears from december, but the work wasnt done then?

    I misunderstood this. I thought you were saying that the Agent had suggested the rent was about to be reviewed as per normal procedures and that you should prepare yourself for it to be higher than the rate you were paying in December (i.e. last year). That would be quite normal.

    Please be precise in your language, especially if you try to contact the landlady, as it won't help if she gets the wrong end of the stick. It may have been my mis-interpretation, but it was an easy one to make.

    But anyway, hiking the rent retrospectively is not permitted. And if the agent is trying tricks like that then it might well be worth going direct to the landlady to establish what SHE wants.
  • red_devil
    red_devil Posts: 10,793 Forumite
    G_M wrote: »
    * So was the rent increased in December, or are they increasing it now and back-dating? The former may be allowable, the latter is not.

    * have you (ever) paid the new rent? Even once? If so, you have accepted it.

    * How was the rent increased? Read: Rent increases (how and when can rent be changed)

    * It is always better to discuss directly with the LL than the agent

    * All the guff about how the LL got the property, and how many she has, is irrelevant.

    * You don't say what 'jobs' need doing or whether they are minor problems or major issues. There are procedures for repairs - have you followed them? Either way, they seemto be actingon this.

    * Unless the 'jobs' are really significant (non-functioning heating system?) they are unrelated to the annual rent review and should be dealt with seperately. You can use them as a bargaining tool in discussionofcourse.

    * the key factor in rent reviews, for both sides, is comparable rents in the area. If you left, could the LL easily replace you at the same/higher rent? If you left, could you easily find another property at same/lower rent?

    * above assumes AST in England/Wales. If you moved in before Feb 1997 you may have additional rights.


    The rent was increased from dec so now they say i am in arrears. NO i havent paid the extra yet? Yes i did have notice!
    :footie:
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    G_M wrote: »
    * the key factor in rent reviews, for both sides, is comparable rents in the area. If you left, could the LL easily replace you at the same/higher rent? If you left, could you easily find another property at same/lower rent?
    It's not quite that simple. A landlord has to weigh up void time to change tenants and even fairly short voids can wipe out rent increases when looked at over say a years income. Even if a new tenant is easily found there's likely to be a gap between tenancies. The new tenant likely needs to serve notice. Then there is the time for repairs and cleaning. Plus the fees the LL may have to pay the agent to set up a new tenancy. The LL isn't going to let as quickly if the property is run down. Also there is the length of time a new tenant may stay if it's short term the LL will face all the above expenses again soon. Plus it is worth keeping a reliable tenant as if the next tenant is bad it can cost the LL.

    The tenant in this case has little to weigh up - they can't afford the new rent so either the LL negotiates or the tenant has to move to a cheaper property if he cannot afford a comparable one.
  • red_devil
    red_devil Posts: 10,793 Forumite
    improvements i have made over the years.

    Decorated throughout
    Shower put in as there was no shower.
    provided some of my own carpets (LL said to leave them when i go)
    Extra kitchen cupboard as they didnt provide enough.
    Phone line in upstairs.

    Replaced kitchen and bathroom with lino. They put in cheap and nasty carpet. Who puts carpet in a kitchen?

    Gas wall heaters and loft insulation as there was no heating and the LL said they would not put heating in. This i got on a grant. House has no central heating or boiler.
    laid abit of turf in the back garden as there was no lawn one side. Planted some conifers at bottom of garden as was overlooked by people walking down an alleyway no privacy.

    Recent things they came to look at.

    Damp on kitchen wall.
    New back door needed, old one all gone rotten and a security risk.
    New cooker old one years old with door that wont close. Currently being held in with piece of wood. The cooker is the only thing they are responsible for and this will be the first time they have changed it.
    :footie:
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    franklee wrote: »
    It's not quite that simple. A landlord has to weigh up void time to change tenants and even fairly short voids can wipe out rent increases when looked at over say a years income. Even if a new tenant is easily found there's likely to be a gap between tenancies. The new tenant likely needs to serve notice. Then there is the time for repairs and cleaning. Plus the fees the LL may have to pay the agent to set up a new tenancy. The LL isn't going to let as quickly if the property is run down. Also there is the length of time a new tenant may stay if it's short term the LL will face all the above expenses again soon. Plus it is worth keeping a reliable tenant as if the next tenant is bad it can cost the LL.

    The tenant in this case has little to weigh up - they can't afford the new rent so either the LL negotiates or the tenant has to move to a property if he cannot afford a comparable one.

    you do need to look at comparable properties in your area to get the proof that your rent is fair. Look on Rightmove.
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