Section 13 after section 21 - going to tribunal?

stator

Might as well appeal the rent increase, if you're leaving you've got nothing to lose

Pixie5740

Rollinghills wrote: »

Anyone can recommend a helpful forum for tenants? No I guess not.

If you don't believe the information you're been given here then give Shelter a phone.

I don't doubt that your LL is an A-hole but so far, nothing you've described constitutes harassment.

jamie11

Rollinghills wrote: »

Anyone can recommend a helpful forum for tenants? No I guess not.

This one and landlordzone, both are quite impartial and give good advice, it's your problem if the answers are not what you want to hear.

stator

jamie11 wrote: »

This one and landlordzone, both are quite impartial and give good advice, it's your problem if the answers are not what you want to hear.

These forums are certainly not impartial. Most posters on here see things in the context of their own prejudices. Any thread where someone admits making a mistake seems to attract more people saying "Here's why I wouldn't have made that mistake" rather than actually providing advice.

JencParker

theartfullodger wrote: »

Why do you think a s13 invalidates s21? I'd be surprised.

Landlord is giving you very strong hints he wants you out: Even if s21 is invalid - for whatever reason - even the most stupid landlord will eventually get s21 right & evict you:

Find somewhere else & move, for your own sake.

Was a deposit paid, was it protected with 30 days & has the Prescribed information been served?? (If no to either s21 v probably invalid)

Interesting. How many times do we hear that landlords are hard done by and the law favours the tenants!!!!!!

franklee

Discussion on S13 served after S21 here same question but asked by the landlord. They've looked it up and no one is saying the S13 affected the S21:
http://www.property118.com/eviction-by-rent-increase/43548/

That said if there is no catch why don't all landlords do it to shift an unwanted tenant faster?

Rollinghills

Thanks Franklee , that is an informative link but the way I read it is that it could create confusion for the tenant and could be used as defence in possession proceedings but has never been tested in court.

After section 21 is issued / expires the landlord cannot put any pressure on the tenant to move out or it could be seen as harrassment and illegal eviction. So I think section 13 could be seen in the same light. Section 13 followed by section 21 is a different matter. I think only a judge can tell.

I'd be happy to try this in court if we had to - but we are buying a gorgeous house though so fingers crossed I don't have to.

I'll appeal the rent increase via the tribunal.

franklee

I'd have thought that a rent increase in line with normal market rent rises would probably be OK. However I'd suggest an excessive rent increase (and I'd say your LL's 21% increase is excessive) would be seen as an action taken by the landlord to make you leave.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/harassment_by_a_landlord

"A landlord could be guilty of harassment if they ... act in a way that's meant to make you leave your home".

What's important here is how the proposed rent increase affects you. Clearly you feel the size of the increase a deliberate ploy to get you out so you are taking it as an action taken by the landlord to make you leave. Maybe worth putting that in writing to the landlord and certainly I'd appeal the size of the increase.

Otherwise what's to stop any landlord raising the rent beyond what's reasonable in order to force a tenant out within a month or two before they rack up too much debt? If it were that easy it'd come up a lot more and as it stands it's hardly ever comes up in questions here.

Once you do leave it would be worth keeping any ads for letting it again that you see so you can show what the rent is asked of the next tenant.

Also don't forget to take loads of photos when you leave so you can prove the condition you left it in.