Section 21 and a rent increase.

jackill8

Hello, I'm after some advice on my housing situation. Bare with me and thanks in advance.

It's pretty complicated but I'll try to make it as clear as possible. 

Me and my family privately rent a 3 bedroom house. Since October 2018 so we're now on a rolling contract. 

Within the house, above the garage there is a self contained flat which is also rented out by our landlord. Suppose to be one single person. We pay for the gas, electric, water, council tax and TV licence. For the flat and have received a reduced rent because of this. 

Rent is £850 but is reduced by £100. 

We pay £750 pm. 

About a month ago we were told by the landlord they were wanting to sell. After us not being happy about two people living in the flat without our consent. We were told that they would allow us to stay until a sale was agreed and then they'd give us notice. We have allowed viewings to take place and cooperated fully. 

We have now been handed and section 21 giving us 6months notice. Until March. 

Today I have been informed that the couple in the flat are moving out and we now will have to pay a higher rent. (£895) Is this legal? What's the best way proceed?

I've been sent a copy of the original contract which says nothing about the flat or the reductions we receive as that page is missing. It only says rent is £850. 

I'm pretty sure the flat isn't known to any housing association or council. And I very much doubt that they're even using a buy to let mortgage ( I've bought the house deeds online to prove this). 

Any advice would be hugely appreciated. I've sent an email to my local citizens advice and will try to call shelter this week. 
Thanks for reading, I hope it makes sense. 

Angela_D_3

my in my understanding is that they cannot increase your rent without your agreement.  So you don’t agree.  Simple. 

saajan_12

jackill8 said:

Hello, I'm after some advice on my housing situation. Bare with me and thanks in advance.

It's pretty complicated but I'll try to make it as clear as possible. 

Me and my family privately rent a 3 bedroom house. Since October 2018 so we're now on a rolling contract. 

Within the house, above the garage there is a self contained flat which is also rented out by our landlord. Suppose to be one single person. We pay for the gas, electric, water, council tax and TV licence. For the flat and have received a reduced rent because of this. - okay, so you're not renting the entire plot, so as far as the council are concerned, the LL should be liable for the council tax. However it seems you and the LL have mutually agreed that you cover this (and bills) in return for a reduced rent. You probably could inform and stop paying the council, but then the LL could probably claim some money off you based on that agreement. 

Rent is £850 but is reduced by £100. 

We pay £750 pm. 

About a month ago we were told by the landlord they were wanting to sell. After us not being happy about two people living in the flat without our consent. -what's the concern with two people? If it's just the extra bills, I wouldn't worry too much, as heating, kitchen electrics etc are largely the same, it's really just a bit more shower time / electronics but that'll come within normal variation between lifestyles. 
We were told that they would allow us to stay until a sale was agreed and then they'd give us notice. We have allowed viewings to take place and cooperated fully. - seems silly of the LL, but their choice if they're happy risking their sale. 

We have now been handed and section 21 giving us 6months notice. Until March. - that's only when the LL can go to court, not when you HAVE to leave. You can remain in the property until evicted by bailiffs which will likely be late 2021 (though you'll start incurring some court costs) 

Today I have been informed that the couple in the flat are moving out and we now will have to pay a higher rent. (£895) Is this legal? What's the best way proceed? -is it legal to request it? Yes. Doesn't mean you have to agree. Then the LL would have to serve a S13 notice to increase the rent, which you can refer to tribunal to decide whether the increase is reasonable and then you do have to pay it, or not. 

I've been sent a copy of the original contract which says nothing about the flat or the reductions we receive as that page is missing. It only says rent is £850. - do you have any other proof of the reductions (eg a letter / email / text)? That and your history of paying should be proof of a modification to the original agreement. 

I'm pretty sure the flat isn't known to any housing association or council. And I very much doubt that they're even using a buy to let mortgage ( I've bought the house deeds online to prove this). -the mortgage type isn't really your concern as long as the mortgage is paid, they may have consent to let. 

Any advice would be hugely appreciated. I've sent an email to my local citizens advice and will try to call shelter this week. 
Thanks for reading, I hope it makes sense. 

The flat being on the same council tax / utilities makes things messy. Ideally the LL should have paid everything and given you a higher all inclusive rent. 

However it sounds like you have mutually agreed to pay the full utilities and council tax less £100. Please quote the wording of this agreement (eg from any correspondence). I'd guess that making that £100 reduction conditional on there being another tenant whom you have no control over would be unfair, so you should continue to receive the discount (but this is just me speculating).

You could stop paying the council and direct them to the LL, but the LL could likely chase you and if you're leaving soon anyway, personally it would be too much headache / potential late fees / court costs for little gain (provided you still get the deal you were happy with ie the £750 rent.)

Re going forward, I would dig out and show the proof of the £750 being agreed, and refuse a rent increase. Keep paying the rent and start looking elsewhere, so you can serve notice / move on your own terms. 

sammyjammy

Other than the rent issue what is it you are looking to achieve?  

pinkshoes

It would appear your agreement says £850, then a reduction of £100 if someone is living in the flat.

As no one is living in the flat any more, thus no energy usage, then it would seem the £100 discount no longer applies.

But... you do not have to agree to the additional rent increase.

I would just go back to paying the £850 and start looking for somewhere to live. 

TBagpuss

What do you want to achieve? 
If you want to move, then if you are on a rolling contract you probably only need to give 1 months notice, evn if the landlord have given you 6 months.

If your tenancy agreement says that the rent is £850 then it sounds as though the discount was temporary and conditional on you paying the utilities used by the flat, so if the flat is now empty, there's no reason why you should still get the discount.

What does your tenancy agreement say about increasing or reviewing the rent? If it doesn't allow for that or if the landlords haven't followed the process set out in the agreement then they can't demand the higher rent, but are almost certainly entitled to £850 as set out in the lease. 

jackill8

Thanks for all your responses didn't expect so many, I'm working today so can't answer all the questions. I'm not really to trying to achieve anything just feel we've been told one thing by the landlord and next all is changed. I don't want to stay here or give them anymore money than I have to. We are searching for a new home just hard with the current situation. The worst thing is these so called landlords were family friends of my partner. Thanks again I'll be back in touch 

getmore4less

Tell them no viewings without the discount,  maybe ask for a bigger discount since they had the cheek to want to leave on their terms. 

They have no choice about "letting you stay" even after 6 months. 

If you think you can be gone in 6 months just find somewhere and give your periodic notice, leave then with an empty house. 

greatcrested

* The LL is not 'increasing the rent' - he is removing a discount which may or may not be justified by the circumstances and agreement

* what agreement is in writing? If you have nothing in writng about the rent reduction, it will be difficult to prove, other than via your historic payments from 2018 and the lack of action over that time by the LL about arrears. But legally that is very 'iffy'!.

* if you have something in writing, tell us what and quote it exactly.

* given that your utility bills will now reduce (empty garage) it seems fair for the rent to rise

* how come you do not have your own copy of the contract with the missing page?

* obtaining the property Title from the Land Registry will not 'prove' the LL does not have a BTL mortgage (or CTL) - though you may  of course be right. But so what? Blackmail?

* th one firm factor in your favour is that selling a property with a tenant in place is problematic for the LL. You could

- decline access for Estate Agents to take photos

- decline access for viewings

- decline access for survey by buyer

- refuse to move out if/when the LL gets a buyer

So this could potentially be a 'bargaining' chip: "I'll be happy to cooperate with the sale if you reduce my rent from the current £750 to £650" (and then compromise at £750 perhaps).

jackill8

Sorry if I wasn't clear the rent has  now been increased to £895
I have been sent a section 13 with this on starting from November 1st 

jackill8

This is all I have regarding the reduction.