Should I stay or should I go?

Anna1965

Thank you to everyone who has helped me so far, I'm hugely grateful, as always.

Further developments have taken place over the weekend. I've been reading through all the advice and links that were kindly sent to me. I've learned so much, but I feel as though I'm asking the same questions that have been given answers already. It's like I'm drowning in a quagmire of information.

In the meantime, my LL has done the following:


1. My LL has returned my deposit by cheque, he said he mistakenly overlooked the requirement to protect my deposit lawfully. The updated version (June 2018) of the Guide to Rent hasn't been given to me.

2. He has given me one month's notice of an increase in rent by a further £100, in line with local rates, he says.
I've been trying to familiarise myself with what the legislation is for rent increases (S.13 notices and grounds for eviction). It looks like I can dispute it, but I have never been in rent arrears or not paid my rent on time, and I'd rather keep it that way. My worry is that when my FT ends that I will become a periodic tenant where the LL could implement regular rent hikes to force me out. Maybe I'm wrong on all of this, but again, it's like wading through a quagmire of information.

3. The LL has notified me that he is arranging for a gas safety check to take place. He outlines that he will use a 24 hour notice period to re-enter the property. My TA states: that must allow entry for 'spot checks' and other necessary checks.

4. My TA states: that during the last 28 days of my tenancy I must allow the LL or the LL's agents to enter and view the property with prospective occupiers etc.

5. My TA states: that the LL must give two month's written notice (preferably by email) in advance or anytime after the expiration of the tenancy to bring the tenancy to an end. Section 21 is being issued today, 36 days before the FT ends. The email advising me of the LL's intention not to renew the TA after the FT ends was sent to me six months ago.

I've been reading the links sent by G_M relating to a s.21 and will go through each point when the s.21 arrives.

The range of emotions I'm experiencing at the moment is huge.

Pixie5740

I'm not sure why after reading the information in the links and advice given in this thread to date you think your landlord can force you out when the tenancy becomes periodic. Yes your landlord could issue a Section 21 notice and yes once the notice period ends he can apply to court for a possession order but that's all takes time and you have somewhere lined up before any of that can physically happen.

As for the rent increase, is there a clause in your tenancy agreement about rent increases? If so then your landlord needs to follow those contractual rules regarding rent increases. If not he has to serve a Section 13 notice, on the correct prescribed form, giving you one tenancy period of notice. Therefore if he hadn't given you the required notice you won't have to pay the increase.

I will reiterate the point that your landlord needs to give 24 hours written notice before entering the property. Fair enough if he now wants to have a gas safety check but he still needs to give you 24 hours written notice of when that will be, not some generic it will be some time next week. You are not in the final 28 days of your tenancy given that neither party has served notice yet so until then you don't have to contractually allow viewings.

Anna1965

Pixie5740 wrote: »

I'm not sure why after reading the information in the links and advice given in this thread to date you think your landlord can force you out when the tenancy becomes periodic. Sorry, Pixie, I'm coming over in the wrong way. This is all a crash course in learning for me, and sometimes I lose sight of the obvious and what's been pointed out so many times. I know the LL can't force me out, as everyone has said.Yes your landlord could issue a Section 21 notice and yes once the notice period ends he can apply to court for a possession order but that's all takes time and you have somewhere lined up before any of that can physically happen. Yes, thanks that's all good, I understood that from the advise and links.

As for the rent increase, is there a clause in your tenancy agreement about rent increases? If so then your landlord needs to follow those contractual rules regarding rent increases. If not he has to serve a Section 13 notice, on the correct prescribed form, giving you one tenancy period of notice. Therefore if he hadn't given you the required notice you won't have to pay the increase. No, there's nothing in the TA about rent increases. So I can ignore that until he does it properly.

I will reiterate the point that your landlord needs to give 24 hours written notice before entering the property. Again sorry. I'll decline his email and ask him to give the required notice in writing.Fair enough if he now wants to have a gas safety check but he still needs to give you 24 hours written notice of when that will be, not some generic yes he seems to think that because the TA states communication in email is preferable, he doesn't need to do it in writing it will be some time next week. You are not in the final 28 days of your tenancy given that neither party has served notice yet so until then you don't have to contractually allow viewings.Thank you for clarifying that bit, Pixie. I really appreciate your input./QUOTE]

Anna1965

I'm re-reading G_M's links from the first page again. God, I'm STUPID!

Doozergirl

Anna, you're being given some excellent advice and support. I didn't want to add anything other than to say that you are doing an amazing job of researching and taking it all on board.

You're doing it in an incredibly dignified manner as well. If I could give you a hug, I would. I know it must frighten you each time the LLs get in contact, but you have got this. Everyone here supports you.

I'm sure you will, but keep posting

ViolaLass

I think you are dealing with all this with tremendous courage and strength. The stress must be awful but you haven't once lashed out at those trying to help you (and others would have).

Well done.

Pixie5740

Have you contacted the housing charity Shelter for support and advice. Shelter could contact your landlord and tell him to back off. I found Shelter Scotland to be great when dealing with a nightmare landlord who makes yours look like a !!!!! cat. No word of a lie, she deducted money from a previous tenant's deposit because the tenant wouldn't let her stay in the spare room after a night out and she had to pay for a hotel instead, and then asked me why it was so important to me that my deposit was protected - which it wasn't. The look on her face when the penny dropped about me being able to sue her was priceless.

Anna1965

Gosh, thank you so much Doozer and Viola for your lovely comments; they've made me cry.

Anna1965

Pixie5740 wrote: »

Have you contacted the housing charity Shelter for support and advice. Shelter could contact your landlord and tell him to back off. I found Shelter Scotland to be great when dealing with a nightmare landlord who makes yours look like a !!!!! cat. I've been on Shelter's website this weekend, so I'll give them a call today.Thanks Pixie.No word of a lie, she deducted money from a previous tenant's deposit because the tenant wouldn't let her stay in the spare room after a night out and she had to pay for a hotel instead, and then asked me why it was so important to me that my deposit was protected - which it wasn't. The look on her face when the penny dropped about me being able to sue her was priceless.

That's awful! I can imagine her face being a picture when you said that to her

Comms69

Anna1965 wrote: »

Thank you to everyone who has helped me so far, I'm hugely grateful, as always.

Further developments have taken place over the weekend. I've been reading through all the advice and links that were kindly sent to me. I've learned so much, but I feel as though I'm asking the same questions that have been given answers already. It's like I'm drowning in a quagmire of information.

In the meantime, my LL has done the following:


1. My LL has returned my deposit by cheque, he said he mistakenly overlooked the requirement to protect my deposit lawfully. The updated version (June 2018) of the Guide to Rent hasn't been given to me. - fair enough. Deposit it into your bank. Doesn't change much anyway

2. He has given me one month's notice of an increase in rent by a further £100, in line with local rates, he says.
I've been trying to familiarise myself with what the legislation is for rent increases (S.13 notices and grounds for eviction). It looks like I can dispute it, but I have never been in rent arrears or not paid my rent on time, and I'd rather keep it that way. - the increase sounds to high. You may as well dispute it, there are no arrears My worry is that when my FT ends that I will become a periodic tenant where the LL could implement regular rent hikes to force me out. - nope. and anyway you'll be gone before long Maybe I'm wrong on all of this, but again, it's like wading through a quagmire of information.

3. The LL has notified me that he is arranging for a gas safety check to take place. He outlines that he will use a 24 hour notice period to re-enter the property. My TA states: that must allow entry for 'spot checks' and other necessary checks. - ignore it. Tell him that you are refusing access.

4. My TA states: that during the last 28 days of my tenancy I must allow the LL or the LL's agents to enter and view the property with prospective occupiers etc. Unless you give notice then this is not the last 28 days of your tenancy

5. My TA states: that the LL must give two month's written notice (preferably by email) in advance or anytime after the expiration of the tenancy to bring the tenancy to an end. Section 21 is being issued today, 36 days before the FT ends. The email advising me of the LL's intention not to renew the TA after the FT ends was sent to me six months ago. - irrelevant.

I've been reading the links sent by G_M relating to a s.21 and will go through each point when the s.21 arrives.

The range of emotions I'm experiencing at the moment is huge.

Relax. Nothing changes.


This is all just normal procedure