Landlord Rent Restriction Notice and Query

KVet

Hello. Bit of waffle first.

Rent a flat from our landlord. All ok, he's a bit laid back with things (eg roof leaking a lot, needs to sort it out with other tenants int eh block, no boiler check this year etc).

Received a letter from our council the end of April telling up that our Landlord had lapsed his Landlord Registration and therefore we weren't to pay him rent from the 13th May unless we heard before then. Was convinced this was a mix up but then got another letter saying that it was still going ahead and to not pay rent until they got in contact with us. I rang the person at the council who confirmed this and that they had tried to get in contact but he wasn't replying to meshes etc. Few days later, everything was sorted and we were to start paying rent again. So no rent was to be paid from 13th May til 6th June.

Here's where it gets confusing. We pay rent on the 15th of the month so by the time the rent notice came into play, all our rent for the 15th May had gone out. I had already cancelled the standing order by this stage so I paid 1/4 of our rent in for the next month and then re-instigated the standing order for the normal amount from the 15th July.

Our Landlord then sent us a letter (1st July) saying that he was appealing the rent notice decision from the council and to keep the owned rent to pay back incase he won (which we have) but then he texted my boyfriend saying "The rent for June is down by £xxx"

Basically my query is, can we tell him that we were told not to pay rent for 13th May-6th June but by the time we found out. Our rent had gone out, so he can take the deficit in rent from Mays rent to cover Junes rent, and that if the appeal is in his favour, then we will give him the rest of the money?

This is all so confusing. Wish we could have not given him the rent in the first place then would be so much easier!

ValHaller

So is your intention still to with hold rent for the period 13 May to 6 June? Or have I got that wrong? What is your basis for not paying rent for that period?

As I see it, an instruction was in place 13 May to 6 June not to pay, but that instruction was rescinded - rather than you being instructed to resume payment from 6 June but not to pay the withheld amount. So I think the confusion arises from your understanding of the instruction s given.

jamie11

First time I've heard of something like this. What/who gives the council the authority to tell you not to pay rent? Do you intend to pay it eventually or just keep it?

I'm interested.

HB58

OP, please will you tell us in which part of the UK you live? Things are very different in Scotland, for instance.

G_M

This is clearly Scotland.

a letter from our council the end of April telling up that our Landlord had lapsed his Landlord Registration

OP - you need to pay the full rent. The instruction to stop paying was temporary, until the LL re-registered.

The full rent for the entire period is now due.

KVet

Hello

I understand the instructions completely but its the fact out rent goes in on the 15th that we couldn't stop it before the 13th May.

I live in Scotland, it comes under the Antisocial behaviour act. Basically they say as he wasn't legally "a Landlord" for those dates, he is not liable to receive rent...basically to squeeze them a bit and make them pay up and sort out their landlord registration.

http://scotland.shelter.org.uk/get_advice/advice_topics/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour/rent_penalty_notices_and_rent_payable_orders

I was only worried about the timing of my restriction of the rent to him. I'm going to phone the council on Monday and say to them so they are aware. Basically I've restricted the June rent when it should have been the May rent but I couldn't due to the timings of rent payment. Prob a few other people in the same boat even if they pay at the beginning of the month as they will have already paid by the time the rent penalty notice came out so can hardly ask for money back from the landlord but do it the next month so it all works out ok.

If he appeals and wins the appeal then I'll pay him the rent (that's the law) but if he doesn't win then I get to keep it.

The woman from the council rang me the day he re-registered and said that I didn't have to pay him the back rent as he wasn't legally registered as a landlord=no rent. Hence why he is appealing. If he wins then he gets the rent, hence why it is sitting in a savings account just incase!

ValHaller

KVet wrote: »

The woman from the council rang me the day he re-registered and said that I didn't have to pay him the back rent as he wasn't legally registered as a landlord=no rent. Hence why he is appealing. If he wins then he gets the rent, hence why it is sitting in a savings account just incase!

I suggest you get that advice in writing.

If it is correct, the blend of legalities and realities are appalling, because I can imagine the LL will give you a S21 notice - or the Scots equivalent - ASAP if you don't square up the missing rent.

jamie11

ValHaller wrote: »

I suggest you get that advice in writing.

.

I agree. It would be effectively fining the landlord an unspecified amount for what was probably an oversight, only courts can impose fines.

I can see a rapid eviction stemming from this council action.

molerat

It is not a fine it is a legitimate penalty under the Antisocial Behaviour etc. (Scotland) Act2004. It is illegal for LL in Scotland to charge rent whilst not registered and for the period of a rent penalty notice, with a possible criminal conviction and fine of up to £50K, so the tenant does not have to pay it back, if in receipt of HB that will not be paid for the period of a rent penalty notice. The LL could find himself in very hot water over this so would be wise to take it on the chin. Being declared "not a fit and proper person" would not do him any favours.

silvercar

molerat wrote: »

It is not a fine it is a legitimate penalty under the Antisocial Behaviour etc. (Scotland) Act2004. It is illegal for LL in Scotland to charge rent whilst not registered (with a criminal record and fine of up to £50K) so the tenant does not have to pay it back, if in receipt of HB that will not be paid for the period of a rent penalty notice.

That may be so, but a landlord would also be within his legal rights to decide not to extend the tenancy.

martindow

silvercar wrote: »

That may be so, but a landlord would also be within his legal rights to decide not to extend the tenancy.

I can't see why the tenant should be blamed because the LL had allowed his registration to lapse.