We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Landlord claiming a rent increase was agreed - now threatening to take out of deposit
alexpg_2
Posts: 37 Forumite
Hi,
I've been living in a house share for almost two years. In January my landlady had a chat with me saying she wanted to put my rent up in line with the other rooms in my house. I claimed that this was unfair, as the other rooms were bigger, received sunlight, etc. I left the conversation under the impression that we would discuss this again later in the year. Nothing was signed, shaken on, etc the only other person present was the landlady's daughter. I therefore didn't increase my direct debit.
Today I'm moving out, and the landlady's son has claimed that an increase was agreed, and that the increase for the past eight months will have to come out of my deposit. He claims that a reminder text to increase my payments was sent to me in March, although having been through my phone nothing was received.
What is the legal position here - with nothing signed and no impartial witnesses, if this were to go the small claims court would they have anything to back them up with?
Thanks in advance
I've been living in a house share for almost two years. In January my landlady had a chat with me saying she wanted to put my rent up in line with the other rooms in my house. I claimed that this was unfair, as the other rooms were bigger, received sunlight, etc. I left the conversation under the impression that we would discuss this again later in the year. Nothing was signed, shaken on, etc the only other person present was the landlady's daughter. I therefore didn't increase my direct debit.
Today I'm moving out, and the landlady's son has claimed that an increase was agreed, and that the increase for the past eight months will have to come out of my deposit. He claims that a reminder text to increase my payments was sent to me in March, although having been through my phone nothing was received.
What is the legal position here - with nothing signed and no impartial witnesses, if this were to go the small claims court would they have anything to back them up with?
Thanks in advance
0
Comments
-
About all they could do is produce a fake copy of notice of rent increase. The fact that you have been paying the 'old' rent and a lack of any action to pursue this does favour you.
Now, please be accurate here - is it really a Direct Debit or is it a Standing Order?
And is your deposit protected?You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
Apologies, you are right, it was a standing order.
I don't think the deposit was in a deposit protection scheme - I've never received any details of where it is.0 -
She claims to have increased the rent 8 months ago by mutual agreement and hasn't chased the 'arrears' once? And notification of the increase was allegedly in the form of a text message?
It's not really credible, is it?No free lunch, and no free laptop
0 -
Apologies, you are right, it was a standing order.
I don't think the deposit was in a deposit protection scheme - I've never received any details of where it is.
Then your landlady is in breach of the law in this respect. TBH she sounds like a complete amateur. Why did you not ensure that the deposit was protected?No free lunch, and no free laptop0 -
IIRC the Landlord has a legal obligation to place your deposit in a deposit protection scheme under which you have around three months to make an appeal for your money.
ETA: Surely, if your deposit is in dispute and has not been put into a deposit protection scheme, you would be able to take the Landlord to small claims court over the monies owed?2018 totals:
Savings £11,200
Mortgage Overpayments £5,5000 -
Can I confirm:
Does your landlady live with you in the building?
Is your contract just for your room and in just your name?
Do you have proof you paid a deposit, eg a receipt, letter, is it on your contract, etc?Don't listen to me, I'm no expert!0 -
Can I confirm:
Does your landlady live with you in the building?
Is your contract just for your room and in just your name?
Do you have proof you paid a deposit, eg a receipt, letter, is it on your contract, etc?
No, my landlady doesn't live in the building.
My contract is just for my room and in my name.
I don't have a receipt, but did transfer it electronically so have bank records. It's also stated in the lease.0 -
Unless there is a Section 13 notice that magically appears OR you actually paid the new rent, there was no rent increase. They may have asked, but without proper notice it is just a request that you are free to refuse.
You can sue for non-protection, although this doesn't go on to the small claims track by default so fees are more and costs can be awarded. That would lead to a penalty of 1-3x deposit (plus the deposit itself) if successful.
You can just sue to get the deposit back (and this may be the only route if they decide to keep it). That would be small claims.
I would send them a letter before action requesting return of the deposit in full and reminding them that the penalty for failing to abide by deposit protection rules is up to three times the deposit.0 -
See: Rent increases (how and when can rent be changed)
In this case it is pretty clear there was
a) no formal notice of the increase and
b)no agreement
As the deposit was not protected in a scheme, you cannot use the scheme arbitration process. You will have to sue to get your deposit back (or see below).
1) you can sue for the deposit only. Small Claims track costs about £100 which you get back if you win.
2) you can sue for the deposit PLUS 3 times the deposit as penalty for non-protection by the landlord. County Court costs about £1000 which you get back if you win.
Or you could threaten 2) above and hope the LL just returns the deposit in full to avoid the penalty.
Deposits (Rules on deposit protection)0 -
No, my landlady doesn't live in the building.
My contract is just for my room and in my name.
I don't have a receipt, but did transfer it electronically so have bank records. It's also stated in the lease.
So is this an HMO?
I'm betting that you didn't get a gas safety certificate either (if the room has gas appliances)?No free lunch, and no free laptop0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.6K Banking & Borrowing
- 254.5K Reduce Debt & Boost Income
- 455.5K Spending & Discounts
- 247.5K Work, Benefits & Business
- 604.4K Mortgages, Homes & Bills
- 178.6K Life & Family
- 262K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards