Would a rent rise of approx 54% deemed unfair?

Cherrybee33

Hi, so a little bit of info, please bear with me.

So my mum has rented a house for over 20 years now, it is a 3 bed terrace house. We all used to live there mum, dad, me and my sister, but over the years its just my mum and her partner after my dad passed away.
The last tenancy agreement she signed was in oct 2004 for a 6 month fixed fee, the rent has raised £10 in all that time, from £380 to £390, the landlord didn't do any proper repairs only bodge it jobs but they've managed ok and its never been an issue and obviously its low rent.
Anyway for the last 10 years my mum has been very ill and had to give up work, and then deteriorated over that time in that she now has her bed in the downstairs lounge and her partner sleeps upstairs. 
Her rent is paid by the government and she pays 10pw top up.
The house was sold without anyone being told earlier in the year, and the first my mum knew about it was when a new estate agents turned up around the 11th feb to say that the sale was going through and she would have new landlords soon.  
A week later on the 18th she had a visit from the new landlady and that was that.
A week later on the 25th she had a section 21 letter arrive giving her 2 months notice of possession and they wanted her to leave by 22nd April. 
So we've been looking etc and as my mum can't negotiate stairs or steps its been hard to find a ground floor flat for her so she is still in the house and they have been great with her and patient whilst we've tried to find suitable accommodation and she has been offered a council sheltered acc flat this last week so she'll be moving out very soon, which comes to advice that i need please.
When the council got in touch with an initial offer for a flat, they asked for references etc so when i got the ref back from her current estate agent, it had arrears of £74.05...now, i do my mums finances and have been paying the top up every week without fail so i didn't understand the arrears, but when i questioned the agents he told me that my mums rent had gone up on the 1st May from £390 to £600 pcm, i questioned this as my mum never received a letter (both myself and her partner who is also her carer are very much on top of correspondence because my mum has a lot of hospital appointments and there was no way it would have slipped through the net) and also that the amount didn't make sense if that was the case....as the arrears from 1st may to 20th july would have been approx £580 give or take and his explanation was that he was trying to sort it so my mum didn't have to pay much as they know she will have moving costs etc.....i said i didn't understand but if he could send me a statement across i would pay the arrears off. 
He also told me the arrears would be £64.05 as i had just paid the £10 top up from that week too....which again didn't make sense? 
I have emailed him a further 2 times asking for a statement so i can understand the arrears and i will get them paid, its been 2 weeks now and i haven't received it.
So then this morning my mum has told me she has received a letter from the solicitors of the landlady with her possession date for 29th Sept (which is fine now she's got the flat) but the letter also states my mum owes £1300 in rent arrears??
The estate agents AND landlady have been to my mums house for a couple more visits since the rent was 'apparently' raised but have never mentioned it...is that normal?

So my questions if you've read this far (and thanks for your patience!) are:
1. is a rent rise of 54% fair and reasonable in one go.
2. If my mum never received the letter about the rent rise how would i go about proving it? (i have asked for proof of postage from the estate agents) i wouldn't have carried on just paying the £10 top up if i knew it was going to be more and also put mum in arrears despite it being such a rise that she absolutely can't afford it now.
3. why would the amounts all be different that we have been given (unless i've worked my amount incorrectly?)

Thanks so much if anyone has any advice.
Terri

anselld

The rent rise may be fair if that is the going rate in the market.

However, rent can only be raised by mutual agreement or by the Landlord serving a valid Section 13 Notice giving one month prior notice.

In the absense of either of these there is no rent increase.

The 64.05 and 74.05 sre clearly nonsense figures anyway as they are nowhere near what would be due if the rise was valid.

I would be inclined for Mum to write back to the Solicitor saying that no rent increase has been agreed or notified therefore there are no arrears.

RAS

The landlord "came round". Has your mother been served formal notice of the details of the new LL?

theartfullodger

"new landlord" could be anybody.  If he don't serve notice(s) compliant with S48 and s3 then no rent due (S48) and possible fines and criminal offence.  

If he formally proposes increase challenge it through tribunal.  It's what parliament provided for your protection.

Best wishes 

GDB2222

This is completely zany.

The new landlord probably bought at a big discount because of the tenancy at a low rent. The new landlord wants mum out. Mum has an offer of a new place. All the LL has to do is give her a glowing reference. What can have got into the LL's mind?

Talk about shooting yourself in the foot!

Ratkin007

As a side note may be worth checking if the property requires a selective licence and whether it has one. That can be checked on the local authority website. If the prooerty requires a licence but the landlord has not submitted an application you may be able to apply for a rent repayment order. 

Cherrybee33

anselld said:

The rent rise may be fair if that is the going rate in the market.

However, rent can only be raised by mutual agreement or by the Landlord serving a valid Section 13 Notice giving one month prior notice.

In the absense of either of these there is no rent increase.

The 64.05 and 74.05 sre clearly nonsense figures anyway as they are nowhere near what would be due if the rise was valid.

I would be inclined for Mum to write back to the Solicitor saying that no rent increase has been agreed or notified therefore there are no arrears.

The rent rise is fair for the property for sure, i just didn't know if it was fair in one go as my mum is on such a low income etc.
My mum has 'allegedly' been served the section 13 but she 100% didn't receive it, i got a copy sent through by email yesterday and they've also sent 'another' hard copy through the post, but we can't argue the fact now as its too late isn't it?
I spoke to the estate agent yesterday and he said its a weird one really, as the LL is not bothered about the arrears and she has said he can put it in writing as long my mum leaves in the time frame given. It all seems a little strange how its going tbh

Cherrybee33

Sorry, also, thanks for taking the time to reply, i appreciate it

Cherrybee33

RAS said:

The landlord "came round". Has your mother been served formal notice of the details of the new LL?

Hi,

I'm not 100% sure, i don't think she had anything in writing before the section 21 to move out.

Thanks for taking the time to reply, i appreciate it.

Cherrybee33

theartfullodger said:

"new landlord" could be anybody.  If he don't serve notice(s) compliant with S48 and s3 then no rent due (S48) and possible fines and criminal offence.  

If he formally proposes increase challenge it through tribunal.  It's what parliament provided for your protection.

Best wishes 

Hi,

I've just had a quick look at a section 3 and 48 and my mum received no letters with the new LL details on until this letter that came on friday from the solicitors acting on her behalf.
The landlord has told me the LL has said she isn't bothered about the arrears, just wants my mum out really. which i find odd, why put it up and not be bothered about it??

Thanks for replying, i appreciate it.

Cherrybee33

GDB2222 said:

This is completely zany.

The new landlord probably bought at a big discount because of the tenancy at a low rent. The new landlord wants mum out. Mum has an offer of a new place. All the LL has to do is give her a glowing reference. What can have got into the LL's mind?

Talk about shooting yourself in the foot!

Yes exactly.

Unfortunately at the 11th hour today the council told my mum the flat is unsuitable for her as it has steps up to it, and they've given it to someone else, so she never even got to view it...so thats us back to square one  

Thanks for replying, i appreciate it