We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
The MSE Forum Team would like to wish you all a very Happy New Year. However, we know this time of year can be difficult for some. If you're struggling during the festive period, here's a list of organisations that might be able to help
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Has MSE helped you to save or reclaim money this year? Share your 2025 MoneySaving success stories!
Rented House, S13 Tribunal, Rent Arrear Worry
Legacy_user
Posts: 0 Newbie
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.
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.
0
Comments
-
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.0 -
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
Retaliatory eviction via S21 is not possible due to the ongoing repair issues.Can a landlord serve me a section 21 for rent arrears whilst we wait for Tribunal assessment and findings?
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.0 -
Sadly, thanks to Thatcher's 1988 Housing Act a landlord can serve an s21 then evict for no reason at all.0
-
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.No reliance should be placed on the above! Absolutely none, do you hear?0 -
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.theartfullodger wrote: »Sadly, thanks to Thatcher's 1988 Housing Act a landlord can serve an s21 then evict for no reason at all.
So back to the pre-Thatcher days really.........0 -
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!0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353K Banking & Borrowing
- 253.9K Reduce Debt & Boost Income
- 454.8K Spending & Discounts
- 246K Work, Benefits & Business
- 602.1K Mortgages, Homes & Bills
- 177.8K Life & Family
- 260K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards