LL increased rent without following procedure

lily876

Hi, I am currently going through the process of being evicted from my property with my children as the landlord wants re-possession of the house, I do not have any rent arrears. Around 3 years ago my landlady increased my rent and she did this by calling me on the phone and advising me I needed to start paying the difference as of my next payment. As I have gained legal advice on everything during this eviction process I have realised that LL didn't follow correct procedure. There is nothing in my tenancy agreement about rent increase and the last tenancy agreement I signed was years ago and states the old rent before the increase. I am now on a periodic tenancy month by month. My LL never asked for my agreement I was just told I had to start paying it, I was not given a new tenancy agreement with the increased rent stated and there was no written agreement produced that either myself or LL signed.

Does this mean for the remainder of my tenancy I am in my rights to pay the original rent amount as stated in the last tenancy agreement and maybe even have a case to reclaim all the years I have paid the increase without legal procedure in place?
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unforeseen

If you have been paying the new rent for the last 3 years then you will be deemed to have accepted the new amount so have to continue paying it otherwise you will be in arrears

Guest101

lily876 wrote: »

Hi, I am currently going through the process of being evicted from my property with my children as the landlord wants re-possession of the house, I do not have any rent arrears. Around 3 years ago my landlady increased my rent and she did this by calling me on the phone and advising me I needed to start paying the difference as of my next payment. As I have gained legal advice on everything during this eviction process I have realised that LL didn't follow correct procedure. There is nothing in my tenancy agreement about rent increase and the last tenancy agreement I signed was years ago and states the old rent before the increase. I am now on a periodic tenancy month by month. My LL never asked for my agreement I was just told I had to start paying it, I was not given a new tenancy agreement with the increased rent stated and there was no written agreement produced that either myself or LL signed.

Does this mean for the remainder of my tenancy I am in my rights to pay the original rent amount as stated in the last tenancy agreement and maybe even have a case to reclaim all the years I have paid the increase without legal procedure in place?
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You have accepted the new rent by paying it. Contracts can be modified if both parties agree. Which you did.

foxy-stoat

If she increased the rent 3 years ago by telephone and you have been paying it ever since you would of deemed to of accepted it.

I would start to find another property, you will be out sooner or later. If she cannot follow the proper procedure when increasing rent, I very much doubt she will when gaining possession. Wait for a S21 and find out if its valid.

Did she protect your deposit and issue you with the relevant information within the specified time frame?

theartfullodger

Wot they say...

So has landlord served s21 notice?? S21 notice does not end tenancy nor require tenant to leave, although not leaving by expiry date may get you court fees. You can only be forced out through court order & bailiffs/HCEO.

Many (30%? ) s21s are invalid. Was there a deposit, was it protected & you served with the "prescribed information" within 30 days of you paying it?