Moving out - how to proceed?

JohnBravo

I think the agency has woken up just now. I paid the rent EOD yesterday so they finally noticed but they should notice that on the previous payment.

I see they basically assumed that I agreed on the rent increase.

I see they switched to WhatsApp now and message me this way, no emails.

I am not happy with the rent increase considering I have to be bothered with the viewings every other week. It should be either rent increase and no viewings OR viewings but no rent increase so I patiently wait for S13.

I don't think it's professional if you attempt to sell a property with tenants inside. The owners at the property is a bit different story even if tenants are lower in the "food chain".

JohnBravo

Now the landlord got engaged and apparently this is effective this month but again no S13 from the agency. Asked me to top up the difference. This is bizarre.
Is it the agency or the landlord now handling the agreement?

Does it mean the periodic tenancy is solely handled by the landlord or is he not paying the agent enough and they don't bother. Strange.

From my estimate I will be filing a notice in a month in mid April.

TripleH

Keep all correspondence and make references to the exact rules you are relying on to not pay the rent increase.

Keep everything even after you move out as I wouldn't put it past the landlord or letting agent trying to pursue the 'shortfall' via a court.

There are rules in place to follow for rent increases and professionals should know what they are (I'm guessing they hope you don't know your rights)

JohnBravo

TripleH said:

Keep all correspondence and make references to the exact rules you are relying on to not pay the rent increase.

Keep everything even after you move out as I wouldn't put it past the landlord or letting agent trying to pursue the 'shortfall' via a court.

There are rules in place to follow for rent increases and professionals should know what they are (I'm guessing they hope you don't know your rights)

Thank you, I think you are right, they assumed I don't know my rights or they think I accepted the rent increase subconsciously and go along.

I think a direct approach from the landlord/agent would be better without this courtesy stuff I mean asking me if I accept the rent increase because the rents increased in the area. I said I will think about it but I never gave an answer and this led to my premature notice to end the tenancy (but I withdrew soon after).

I think then they should just ask "Do you accept it? Yes/No"

ME: Yes, THEY: ok, so please pay XXX next month ME: OK, will do

ME: No THEY: ok, so the agency will issue S13 to you. ME: OK

It is not that I am playing some games with them, I didn't want to, they led to that, I assume this miscommunication.

I think so far this resulting confusion works for me.

JohnBravo

The landlord still thinks the notice period is 1 month. I don't see 1 but 2 months notice for periodic rolling tenancy on the GOV website. Agency has been copied in but they don't correct the landlord. I think they are from a different epoch or just pretending.

The contract is CST with a line about rolling monthly.

Is it 2 months for both or one month for tenant and 2 months for a landlord?

JohnBravo

No end to this story. The LL thinks the EA does not have to do anything e.g. issue S13 because I have been notified about the rent increase directly by the LL. I should reimburse for the extra amount in the arrears for this month.

This agreement between the LL and the EA is some weird one because I don't get it why the EA handles the rent payments but does not want to issue S13 or it is because the LL pays them little and EA don't want to do any favors and EA insists on a new contract instead.

canaldumidi

Until you are formally informed of a rent increase via a S13 Notice (or reference to a valid rent increase clause in your last contract), your rent remains the same.

The L/agent may try to demand a higher rent: ignore.  Or may propose deducting it from your deposit when the tenancy ends: raise a dispute with your deposit scheme.

You pay your rent to whoever you were originally instructed to unless/until the landlord instructs you in writing to pay someone else.

Any notice to end the tenancy by the LL/agent must be via a valid S21 Notice (with 2 months expiry before court application), or via a valid S8 Notice (period varies according to which ground).

Any otice to end the tenancy by you must either be in accordance with the tenancy ageement (if you have a Contractual Periodic Tenancy), or 1 full tenancy period (if you have a Statutory Periodic Tenancy).

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: Rent increases: when & how can rent be increased?

JohnBravo

ok, I delivered the notice by hand, the EA said that he would accept it by email if I called him.

But this is an interesting bit. In the notice I stated 1 month notice, he said there is 2 months but said he is going to ask the LL.

Then EA emailed me that LL agreed to 1 month notice but also EA said that LL with this month's rent payment wants me to cover the outstanding difference since March when allegedly LL asked for rent increase but EA didn't follow it with S13.

What would you suggest in that case? I don't want to bring out the "unsecured deposit" artillery yet.

canaldumidi

Remind us - do you have a contractual or statutory periodic tenancy? What does the tenancy agreement say happens at the end of the fixed term? What notice does the tenancy agreement say is required (if specified)? Please quote.

How much is the additional rent the LL is requesting?

How important to you is maintaining good relations?

The 1 months notice you served - I asume you aligned this with tenancy periods? What date did you serve it and to expire on what date? (exact dates)?

What are your tenancy period dates?

JohnBravo

canaldumidi said:

Remind us - do you have a contractual or statutory periodic tenancy?
SPT
What does the tenancy agreement say happens at the end of the fixed term? What notice does the tenancy agreement say is required (if specified)? Please quote.
"If at the end of the tenancy tenant(s) want to continue the contract and tenant(s) and tenant(s) have not received from agent / landlord 2 (two) months notice to end the tenancy, this will carry on from month to month as a periodic tenancy"  I copied the whole contract here, it is on page 1

How much is the additional rent the LL is requesting? ~£300

How important to you is maintaining good relations? not important

The 1 months notice you served - I asume you aligned this with tenancy periods? What date did you serve it and to expire on what date? (exact dates)?  technically it should be 2 months (as you said in the past) 15/07/2022 but I put 15/06/2022 because this is what suits me. For the last 8 months I was harassed by the sales agents enough, I just don't want another 2 months of letting agents on top of that. The plan is to vacate around 1-3rd of June.

What are your tenancy period dates?

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