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Section 13 to increase rent

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Comments

  • 8bits
    8bits Posts: 47 Forumite
    Ninth Anniversary 10 Posts
    edited 31 August 2019 at 10:50PM
    Alright, but aren't the agency supposed to let me know I am not paying the right amount?


    I don't understand how this works considering
    - There is no proof they have ever sent this letter. How does this work in a court?
    - The Section 13 was neither signed nor dated which seems to be not valid according to https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/challenging-a-rent-increase/
    (unless a printed "Landlords agent" is a signature in itself?)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    8bits wrote: »
    Alright, but aren't the agency supposed to let me know I am not paying the right amount?
    No. You are supposed to pay the appropriate rent for your tenancy.
    The landlord has no obligation to let you know within any specific time period, but can, at some point, demand the arrears and/or evict you for the arrears.

    I don't understand how this works considering
    - There is no proof they have ever sent this letter. How does this work in a court?
    The advice here is generallyto obtain 'proof of posting'. Courts normally accept this.
    In a situation where one party says "I sent this letter/form." and the other says "I never received it and don't believe you" then it is no different to any other legal dispute - the court decides who they believe.

    - The Section 13 was neither signed nor dated which seems to be not valid according to https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/challenging-a-rent-increase/
    (unless a printed "Landlords agent" is a signature in itself?)
    I deliberately referred to a valid S13. Clearly it must be fully completed. However see note 13 on the form

    [FONT=Arial, serif]
    You or your agent (someone acting on your behalf) must sign and date this notice. If there are joint landlords, each landlord must sign unless one signs on behalf of the rest with their agreement. The signature does not have to be hand-written if, for instance, the form is being printed or if you wish to use a laser or autosignature.
    [/FONT]
    [FONT=Arial, serif]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/471846/Form_4_-_Eng.docx
    [/FONT]
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