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Section 21 and a rent increase.

2

Comments

  • reduction. 
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Now the flat over the garage is empty, do you have access?  Do you want access? 
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • No I want nothing to do with it. But we've obviously done everything we can to accommodate the LL. They've had a pretty good deal getting income from both us and the flat?? Doesn't a self contained annex need to pay its own council tax?. 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 28 September 2020 at 3:13PM
    jackill8 said:
    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 
    Good grief! That is hardly an insignificant bit of information to now add!
    So to be clear
    * rent was £850
    * £100 was discounted as per your scanned document due to Saffon living in the room
    * Saffron is no longer living in the room, so discount no longer relevant and rent should be £850
    * S13 has been served increasing rent to £895. Ret increase via S13
    a) must be no sooner than 1 rental period from service of S13
    b) rent increase can be appealed to the Rent Tribunal
    But my other comments earlier still apply.
    Post 5: Rent increases: when & how can rent be increased?


  • Morbier
    Morbier Posts: 636 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic
    I notice the page from your tenancy agreement has not been signed by the landlord. Neither does it have a page number on it. (My tenancy agreement has every page numbered and both I and the LL have signed every page, as well as the signatory page at the end). 

    I'm not sure if this is good or bad for you!  It just looks like a page anyone could have 'made up' and, therefore, no proof it's part of the original tenancy agreement. 
    I can't imagine a life without cheese. (Nigel Slater)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.

    Forget earlier comments regarding the council tax HMO issue & landlord liability as that is not the correct end determination (it's halfway there but not the whole way) - what should be the case is that there are two separate banding's on the property - the house and the 'flat'. Each of the occupiers of the respective parts then receives a council tax demand for that part.

    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS said:
    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.

    Forget earlier comments regarding the council tax HMO issue & landlord liability as that is not the correct end determination (it's halfway there but not the whole way) - what should be the case is that there are two separate banding's on the property - the house and the 'flat'. Each of the occupiers of the respective parts then receives a council tax demand for that part.

    which is, of course, the correct procedure.
    However in this case it'snot the situation so OP has to deal with the current arrangement.

  • There’s no mention of mortgages being btl on the deeds. The only clue to my ones is that there is a 2nd contact address for me as the owner. 
  • rik111
    rik111 Posts: 367 Forumite
    100 Posts Name Dropper
    So they are kicking you out and putting the rent up in mean time .... Cheeky gits. Why not tell them you don’t think it appropriate to have viewings whilst living there in a middle of a pandemic and you intend to stay as long as possible especially after the nasty rent increase. They should be lowering your rent to make up for the inconvenience...
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    However in this case it'snot the situation so OP has to deal with the current arrangement.

    Any arrangement with the landlord cannot override legislation. There is no particular point in trying the 'landlord is liable' route vis s8 as it's only going to add in an additional step to the matter that is not relevant in anything but the very short term.

    ...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..

    The matter is correctly dealt with by notifying the council of the two separate units of occupation and having the council tax banding corrected by the VOA in order that the OP is paying only their own council tax, as would be the correct resulting situation.

    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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