Landlord won't address year old snagging list before renewal and rent increase

Stakkertoo

So here we are, November 1st (5 weeks beyond our deadline) and the repairs have been all but completed. However now the landlord, via the agent is wishing to backdate the rent increase.

Surely that's not even legal? Since the end of the lease on October 2nd, we've been on a rolling contract until the signing of a new one, which should be in the next few days. There is surely no way a landlord can backdate a rent increase on these grounds?

That's like saying, "oh i want more money for the last few months, so pay me or i won't be renewing the contract".

Even the agent, who because of family ties is in the landlords pocket, is now claiming that despite this being on the table (in writing) since August she now claims it was never a negoatiation.

She may indeed claim that she "didn't agree at any point for this negotiation", but am i correct in saying that becauase she has also not denied it in 9 weeks (date of our original email), that is an implied agreement?

G_M

If I remember right, your original fixed term was 12monthsfrom Oct the ...? Correct?

That has expired now. Have you signed a new one? When did you sign? At what rent?

Alternatively, if no new FT signed, I assume you tenancy is now periodic. Starting from what date?

The agreement to the rent increase: On what date was it proposed by the LL? On what date did you agree, and how? From what date was the agreed new rent to start?

If there was no clear date (ie "when the repairs are complete") then I'd argue this is not enforcible, as too vague.

What is the current LL proposal? Simply to alter the rent, back-dated, on the existing Periodic tenancy? Or to sign a new Fixed Term, backdated?

A clear explanation will make it easier to comment on the position.

However I agree with previous posters who suggested this LL is going to be an ongoing problem......

Rent increases (how and when can rent be changed)

martinsurrey

as I read it there is one main point.

1) If you push back saying the rent increase wasn’t agreed, it means you didn’t agree a new contract, so are now on a periodic tenancy, so can be issued with a s21 and be kicked out in the new year, if you dont play her games.

I don’t agree with it, but it’s the main point I can distil from the info.

This LL is a pain, and always will be. The threat of eviction will never be far away.

Stakkertoo

We are happy to pay the increase, but we are not happy to have to pay it backdated.

The prior TA has expired as of Oct 2nd. The landlord has been having the repairs carried out, and now the agent is sending us the new TA with a commencement date of Oct 3rd. Which is nonsense, as we should be on a rolling contract until the new one is signed, right?

The increase of 5% was proposed end of August, and we pushed back and said we wouldn't be prepared to accept any increase until the work on a specific set of issues was completed . We sent this in writing in Aug 27th 2012. (after having already requested the same in Oct '12, Feb '12 and May '12.)

The landlord said that when the work was done, the rent would be increased. This would be in the new tenancy agreement, which has been drawn up, but has a start date of 3rd October. Which I took as odd, as a TA shouldn't have a date on it until it's signed by all parties.

Again, we are yet to sign, because the threat of being kicked out is being used for her to backdate the increase. Surely that's illegal?

We have no problem paying the increase as of the start of the new agreement, but backdating it is ridiculous. That we had to use the increase as traction just to get the issues addressed after 12 months is also quite infuriating.

So, to summarise, the LL's proposal is to backdate the rent increase and the new TA to the 3rd of October, despite it not yet having been signed.

Surely the new TA commences when we all agree and sign, be that today, tomorrow or next week etc.?