Rented House, S13 Tribunal, Rent Arrear Worry

Legacy_user

Hi all,

I have been served a section 13 which I am contesting, due to recent HHSRS assessment and house is in repair, council have said it appears to be retaliatory. Anyway. My main worry is whilst the issue is going through the Tribunal process I can’t pay the increase as it’s deemed as ‘accepting’ the increase.

Can a landlord serve me a section 21 for rent arrears whilst we wait for Tribunal assessment and findings?

Thanks in advance.

anselld

AFAIK there is no specific legislation about retaliatory rent increase. The legislation covers eviction via s21.

You say the Council have completed a HHSRS inspection. Have they served any improvement notices as a result?

As far as the Tribunal is concerned, you do not have to pay the increase until the decision is made. However, if the decision goes in favour of the Landlord you will need to pay the increase from the original effective date of the s13 notice. So it would be sensible to save what you can towards this.

Finally, s21 is not for arrears, that would be s8. There is no retaliatory protection under s8 eviction for arrears.

G_M

There'sa lot of background to this issue in your other thread. Why start a new one??!!

https://forums.moneysavingexpert.com/discussion/6073271/rent-increase-disrepair-improvement-notice-tribunal

Can a landlord serve me a section 21 for rent arrears whilst we wait for Tribunal assessment and findings?

Retaliatory eviction via S21 is not possible due to the ongoing repair issues.


But a S21 would not be used for rent arrears anyway - S8 would be used. This is not affected by the repairing issues.


Yes, if you pay the newly proposed rent you will be deemed to have agreed it, but why would you pay it since you have already appealed to the Tribunal?


The new rent is not in force since you have appealed against it.

theartfullodger

Sadly, thanks to Thatcher's 1988 Housing Act a landlord can serve an s21 then evict for no reason at all.

GDB2222

theartfullodger wrote: »

Sadly, thanks to Thatcher's 1988 Housing Act a landlord can serve an s21 then evict for no reason at all.

It cuts both ways. Before ASTs, renting out houses was a highly risky business, and rents were proportionally much higher. You may not believe that, but it’s my personal experience.

My parents were doctors, and for years we lived above the surgery. In 1961, we moved out, and they let the upper part of the property. The only people that they would let to were overseas PhD students, on the basis that they were likely to move out eventually.

G_M

theartfullodger wrote: »

Sadly, thanks to Thatcher's 1988 Housing Act a landlord can serve an s21 then evict for no reason at all.

Don't fret artful. When Corbyn gets in he is going to repeal the Housing Act, or drasticaly amend it, to get rid of S21s. Also cap rent increases, and introduce 'fair rent' policies.


So back to the pre-Thatcher days really.........

Comms69

G_M wrote: »

Don't fret artful. When Corbyn gets in he is going to repeal the Housing Act, or drasticaly amend it, to get rid of S21s. Also cap rent increases, and introduce 'fair rent' policies.


So back to the pre-Thatcher days really.........

In 2024?

G_M

Comms69 wrote: »

In 2024?

You confidant about that? I'm not!


Frankly I'm appalled about the prospect of either of the 2 main party leaders becoming/remaining Prime Minister. But I guess I should be over on the 'discussion time' board really.......

Comms69

G_M wrote: »

You confidant about that? I'm not!


Frankly I'm appalled about the prospect of either of the 2 main party leaders becoming/remaining Prime Minister. But I guess I should be over on the 'discussion time' board really.......

Agreed! (and agreed!) - Frankly either way I'm getting drunk on Friday 13th!