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Moving out - how to proceed?

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Comments

  • JohnBravo
    JohnBravo Posts: 274 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 8 February 2022 at 4:10PM
    yes, that makes absolute sense. Thank you
  • JohnBravo
    JohnBravo Posts: 274 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 14 February 2022 at 5:22PM
    I have a new question related to that.
    few days ago I have been asked by the landlord that the rent has to be increased apparently because of BoE recent mortgage rate hikes. I have not agreed to that and said I am going to think about it. I was going to announce I am moving out and was going to send a notice tomorrow.

    The landlord didn't wait anyway and emailed the agent and me that from next month the rent is going to be increased by £100.
    I think it's good that it happened at the same time because now it is going to look that the landlord made me to leave. Another reason to make a move.

    Can the rent be increased if I am on this 2 months notice?
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
  • JohnBravo
    JohnBravo Posts: 274 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 14 February 2022 at 9:15PM
    This is really interesting.
    I think in my case D) -> 2) is applicable.

    So if the landlord/agent do not serve the S13 by tomorrow I continue paying the usual amount because there was no mutual consent and no formal S13 yet.
    Then they have to wait another month to increase the rent or serve S21 to end the tenancy but they cannot serve both at the same time because it would not make sense.

    But they cannot serve S21 because the deposit was not secured.
    I understand they can serve S13 (rent increase) for the remaining 2 months but they cannot serve S21 (notice).

    The landlord sent a casual email to notify the agent to increase the rent. I think the agent knows that he has to send a formal S13 by the end of tomorrow.
  • JohnBravo
    JohnBravo Posts: 274 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 14 February 2022 at 9:15PM
    Am I reasoning correctly?
    Or can the landlord at the same time serve S21 and S13 to increase the rent for the last 2 months?
  • What if I do not agree to that, serve a notice and pay the old amount?
    I reckon the landlord can then sue me for that missing £200 for the last 2 months I was paying less.
    If I pay what LL asks for then I automatically consent to it.


  • Ok, I have not received S13 from the agency today - the last day.
    I have served a notice.
    I continue paying as usual until they send the S13.
  • JohnBravo
    JohnBravo Posts: 274 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Just to update you. I still haven't received the S13 from the agency but instead the agent called me about the viewings.
    Apparently the old selling agent is gone and the letting agent is now handling the sale.

    Initially I have filed a notice to terminate the contract but then retracted it as I realized it will take couple of months before I move to a new place. The agency has called, I explained and they asked me to send another email to retract that which I did but in general the agency is silent in email communication, I don't remember when they sent an email to me last time. I think the agent guy who handled the property is gone or went for some very long holiday.

    I am about to pay for another month but without this S13 rent increase from the agency I am going to pay the regular sum. I thought the agency should be on top of these things.

    What are the rules in terms of viewings? I work from home and I don't like being disturbed. I like my little mess you know :-)
    How soon can they bother me with viewings?
  • saajan_12
    saajan_12 Posts: 5,333 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    JohnBravo said:
    Just to update you. I still haven't received the S13 from the agency but instead the agent called me about the viewings.
    Apparently the old selling agent is gone and the letting agent is now handling the sale. 

    Initially I have filed a notice to terminate the contract but then retracted it as I realized it will take couple of months before I move to a new place. The agency has called, I explained and they asked me to send another email to retract that which I did but in general the agency is silent in email communication, I don't remember when they sent an email to me last time. I think the agent guy who handled the property is gone or went for some very long holiday. - you can't usually retract a notice once served.. what did they say to suggest they were allowing the retraction? 

    I am about to pay for another month but without this S13 rent increase from the agency I am going to pay the regular sum. I thought the agency should be on top of these things. - so maybe they've changed their mind / not bothering for a few months.. whats the problem?

    What are the rules in terms of viewings? I work from home and I don't like being disturbed. I like my little mess you know :-) - the rules are based on the last contract you signed - you may have contractually agreed to allow reasonable access for viewings, perhaps limited to certain months. Regardless of the contract, it would have to be reasonable notice / times / lengths, so they can't come all day every day. You could eg agree to one afternoon and one evening/weekend with viewings booked in a block so it doesn't disturb you too much. That's to live up to your contract.. of course practically you could change the locks and refuse everything, and there's little they could do except sue for moneatary losses later. However you also sour the relationship if you later want a reference or a convenient early surrender, or less argument over the deposit.. 
    How soon can they bother me with viewings?
    Comments in line. Don't worry about their S13 etc, thats up to them. If theyve agreed to let you retract the notice, then great, but beware you don't have a right to this if they don't confirm it in writing. 

    With viewings, I'd be reasonable and try to agree something that works for both.. not worth breaching your agreement and the related agro, as long as they can also agree to reasonable times. 
  • JohnBravo
    JohnBravo Posts: 274 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    What do you think are they going to do next? I think they neglect their written communication.
    They haven't even confirmed in writing that they received my notice.

    Yes, the potential buyer is going to view it on Friday PM.
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