unreasonable letting terms

Chrysalis

Having been with my landlord for circa 13 years I think he has lately decided to get more greedy and the last couple of years have detoriated.

So e.g. last year I had to get a home owner guarantor to renew tenancy (first time in 11 years, he didnt ask for one after first 12 months then suddenly wants one again). I have never missed a rent payment.

A month ago, he tried to make me pay for a window which was broken by someone throwing a brick through it. He eventually relented when I quoted the law and even the police got involved in my favour as they were shocked the landlord was claiming I could claim it on contents insurance.

The predictable revenge for the window cost has arrived with my first rent increase in 13 years, however I think he may be about to lose a reliable tenant because this new rent isnt competitive, just I have previously been too lazy to look around.

However also this time he said I cannot use the same guarantor again and wanted full 12 months rent in advance for new agreement, sent them an email saying no problem providing they pay me 4% interest on the money, and to clarify whats the problem with previous guarantor provided especially as the guarantor isnt even needed.

They said guarantor wasnt registered owner on land registry of property, so I then checked land registry myself and is registered owner, sent the proof, and got a reply that no problem with the guarantor.

However with guarantor still want 3 months rent in advance "and" early termination fee in advance just in case I move out before end of tenancy "and" they using a company name on tenancy agreement that doesnt exist. On all previous tenancy agreements the actual landlord's name was there.

It all seems a bit of a desperate cash grab with a false company name ringing even more alarm bells, when I queried I was told its the parent company but they got evasive when I asked why this company doesnt exist on their own website and at company house.

Very odd behaviour as before the last 2 years I was on rolling periodic for about 10 years with high trust between me and landlord.

So yeah am now shopping around, but also told them to send me new agreement just in case I cannot find anywhere quickly.

Also considered not renewing on the basis of unreasonable terms, with the possibility of been evicted but I expect the council wouldnt house me due to voluntary eviction.

I think private letting has gone way past crossing a line that's unfair to tenants, buying a house has less barriers than this, and in some cases less costs as well.

Of course if I move to a different landlord, I have all the usual problems, such as application fee's, new deposit, credit check fee's, hoping the landlord isnt about to sell etc.

marksoton

No rent increase in 13 years suggests you haven't had such a raw deal.....

theartfullodger

See
https://www.gov.uk/government/publications/unfair-terms-in-tenancy-agreements--2

Unfair terms in tenancy agreements: OFT356

AnnieO1234

Refuse to sign a new tenancy, it will going to periodic. How much is the current rent, how much is he asking more and how much would it cost you to rent something similar in the same area? xxx

tom9980

Why not tell the Landlord you have been paying for 13 years without issue so you wont be providing a new guarantor because you have nobody suitable available. He either evicts you or keeps the reliable tenant who has paid for 13 years.

You can also say you do not wish to sign a new fixed agreement because you are happy with the rolling tenancy you currently have, the Landlord cannot force you to sign a new one his only option is to evict you.

On the rent increase issue you have had 13 years of no increase? thats amazing really i can only assume you live with crashy in Edinburgh he constantly tells us that he has paid the same for decades! again the landlord must go through the correct procedure tor evict you. Seems pointless if the rent in the area hasnt gone up in that time to evict a reliable tenant.

As for the window issue its fair to say that in such a situation it can be assumed the tenant annoyed someone and this is the reason the window was smashed, in most cases this would be true, not always but seems reasonable to try get the tenant to pay for it if possible.

Your Landlord seems to be stupid rather than unfair frankly.

Chrysalis

Assuming is not fact, the law clearly states its the landlord's responsibility.

Is it normal behaviour then for tenants to have an argument with someone and result in a smashed window? Even if this was true its still the landlord's responsibility anyway. So your action wouldnt be complying with legislation.

For reference mine wasn't the only window smashed. A neighbour's also got smashed.

On the rent increase it hasnt gone up in 13 years (split over 2 properties sorry, been at this one for 9 years), but the property is in a poor state for wear and tear, really bad heating, single glazed etc. Plus is priced on the high side already. So it depends how you look at it really, rents shouldnt go up for the sake of it.

Chrysalis

AnnieO1234 wrote: »

Refuse to sign a new tenancy, it will going to periodic. How much is the current rent, how much is he asking more and how much would it cost you to rent something similar in the same area? xxx

rent is 450,similar properties are going for about 320-420. New proposed rent is 490.

I have no doubt I can get something cheaper, however there is as always with renting things that make it not so clear cut such as

fee's payable to move.
uncertainty of stability of rental of new property.
will new rent be increased, and will there be fee's for renewing tenancy which can easily bump up annual cost a lot.

I have already been told by his manager if I dont sign a s21 is incoming, whether or not that is a bluff remains to be seen. Since I have now negotiated the rent increase down significantly as well as now got him to agree to ditch all the upfront stuff I will probably sign it, but also be looking at my options before this tenancy expires.

mrginge

Chrysalis wrote: »

On the rent increase it hasnt gone up in 13 years (split over 2 properties sorry, been at this one for 9 years), but the property is in a poor state for wear and tear, really bad heating, single glazed etc. Plus is priced on the high side already. So it depends how you look at it really, rents shouldnt go up for the sake of it.

Can't have been that bad since you've put up with it for so long.

Chrysalis

initially I didnt care, but now it does for some reason e.g. buying rugs to cover bad patches on carpets.

FBaby

Has the rental value in your area decreased then? Because it must have been way above average value 9 years ago otherwise, in which case, why did you pick that property then?

missbiggles1

Chrysalis wrote: »

initially I didnt care, but now it does for some reason e.g. buying rugs to cover bad patches on carpets.

Is it a furnished or unfurnished property?