Landlord increasing rent without written contract

cts_casemod

Hi all,

I was hoping I could get some advice here.

I spent two years of my 4 years tenancy, trying to get my landlord to repair a leak in the roof. With that he came up, painted the wall and called some agencies, technically to get a re-evaluation for his mortgage.

A week later I received an eviction note saying he wanted to sell the property as he couldn't afford the repairs. Went to the citizens advice bureau, spoke with some people and managed to extend the tenancy in exchange for a rent increase. Said the contract would be posted and ignored the number of times I said I didn't receive anything.

I claim housing benefit and was unable to get an increase in the payments as there was no written contract or notice. This year the same happened. In fear I didn't mention any problems, including the roof leak in the hope he would not increase the rent, but he called last week saying there will be a new increase.

So effectively we're on the 27th and I haven't got a new contract for the tenancy starting on the 2nd and can't really afford another increase.

I am afraid he can actually do whatever pleases him as any agency we try says that my 16K wages are not enough to rent any place, so he just plays the ball and increases every year whatever he fells necessary and threatens to increase even more if any repairs are done.

I'm really clueless about what to do. We are a couple with a child leaving on a small 1 bed flat.

theartfullodger

A tenancy (for a fixed term of less than 3 years) does not need to be written in England or Wales: Bonkers: Must be in Scotland, come on Engerland, catch up!

Do not agree to increase: If you don't agree or don't start paying the new amount his request will not change the rent. There is a way for him to change rent but it needs the right, written, notice.

Wonder what else he has forgotten about: Declaring rent income to HMRC??

Any repair issues follow advice here..
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

Cheers!

Rollinghills

If you haven't had a written notice (called section 13) you don't have to increase your payments.

If you did have a written notice would the council increase your housing benefit? If so you can call the landlord and tell him that you are unable to pay more unless you get a higher benefit and to do that he has to send a section 13 notice. He should be doing that anyway because if it is just a letter you are under no obligation to pay more.

Do you still have the original tenancy agreement? If it was a fixed term AST you are now on a statutory periodic tenancy, you don't need another agreement.

G_M

Tenancy start & end dates?
Fixed term? Monthly?

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?

cts_casemod

Thank's for your anwsers,

I have an assured shorthold tenancy, renewing annually, on the 2nd of April.

I have the original contract and the one that followed next year. Then, from the third year onwards I haven't got a contract, although my rent has increased.

I have made everything at my reach to explain the situation, but each time he seems to forget. I don't know if he's playing dumb or just trying to act like one to avoid his responsibilities.

Everything is always dealt by the phone, so I don't any documents to defend myself, really. Letters are simply ignored.

Obviously my fear is that he puts the house for sale again or finds a way to increase the rent way too much. No notice means ill either leave or pay, plus it's just too stressful with phone calls every 5 minutes until he gets what he wants.

G_M

cts_casemod wrote: »

I have an assured shorthold tenancy, renewing annually, on the 2nd of April.

I have the original contract and the one that followed next year. Then, from the third year onwards I haven't got a contract, although my rent has increased.

.

So you do NOT "have an assured shorthold tenancy, renewing annually, on the 2nd of April."

The fixed term expired on 1st April 2014 (2013?) and since then you have had a Statutory Periodic Tenancy which rolls on from the 2nd of each month to the 1st of the next month.

You have not said what is written in the last tenancy agreement you signed about rent increases.

Have you read the link about rent increases yet?

But ultimately if you refuse to pay the new rent ( or indeed for any, or no, reason) he can evic you by followng the process in the 2nd link I gave you.

cts_casemod

Thanks for the replies,

Spot on G_M,

Long story short he failed to show in person twice, sent me a contract by e-mail, let me pay the higher rent and called a week later saying he would be issuing a section 21 as due to a change in circumstances he would have to sell the property.

Now he's nagging me every 5 minutes ringing my phone as he wants to bring estate agents to see the property.

I own him nothing, pay my rent on time and don't want to take all this crap like last year, where we were on and off from October to April.

So technically he can have access to the property if he gives me written notice, but I can also deny him access if this is not convenient to me at a given time.

I wish to reply, but unsure on how to put this.

Any advice?

G_M

So he has served a 21 Notice. Is it valid?
* what date was it served?
* what date does it expire?
* have you paid a deposit? On what date?
* is it registered in a scheme (CHECK!)? On what date?
* did he send you the 'Prescribed Information'? On what date?

As for access for estate agents:
* what does your tenacy agreement say?
* do you want to make life easy for him?
* do you want confrontation?
* you could write to him and either
a) agree to access whenever he wants
b) agree to access on certain specified, limited dates/times convenient to you
c) make clear you want advance notice
d) make clear you want tobe present/absent each time
e) deny all access (change the locks!). He could go to court for access but this will take time

See also:

* Deposits (payment, protection and return)

cts_casemod

No idea if the section 21 is valid. I can PM you a copy.

The deposit is protected. I checked last month. It was originally issued in 2011 when we first started renting.

I dont know what the prescribed information is.

I'm currently finishing my degree, as a mature student, and would therefore like to avoid any hassles as this time. I dont come home everyday either, so his idea of serving a 24-48h notice (with an e-mail) is just not going to work.

I could perhaps negotiate an early deposit release as this would make sure I could move out in early June, but not sooner than that. Right now I don't really wish to be bothered at all.

G_M

It would help if you answered the questions asked otherwise you cannot expect proper advice.

All required information has already been supplied eg "I dont know what the prescribed information is." Read the link to 'Deposits' already provided!

However, it appears
* you've been sent a S21 (4)(a)
* it expires on 10th June
* your tenancy periods (as I understand you) run from 2nd to 1st each month (I think?)
* therefore your S21 is invalid since it does not align

jjlandlord

G_M wrote: »

* therefore your S21 is invalid since it does not align

The 'issue' is that as long as it gives no less than 2 months notice it is valid under s.21(1)...