Would a rent rise of approx 54% deemed unfair?

Cherrybee33

Ratkin007 said:

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. 

Thank you, i will look into this.
Thanks for replying, i appreciate your time.

dimbo61

Right so can you tell us if the property has a valid in date EPC ?

https://www.gov.uk/find-energy-certificate

You can check with your mum's post code.
Does the property have any Gas ? Gas Safe Certificate?
Same with the Electrics does the property have a valid in date EICR to say the electrics are safe ?
Did Mum and Dad ever pay a deposit ?

Ditzy_Mitzy

Cherrybee33 said:

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.

I suspect the rent has been put up rather drastically in an effort to force your mother's hand with regards to vacating the premises.  Indicating that she wishes to go is somewhat different to actually going, and I suspect the landlady won't sleep soundly until your mother has gone and handed the keys back.  Increasing the rent to an amount she cannot realistically pay might act as belt and braces in conjunction with the eviction notice.  The arrears, it is said, don't matter to the landlady now, don't bank on them never mattering to her.  As others have said, pay careful attention to the legal side and good luck with the hunt for a new flat.

GDB2222

If the rent has gone up, mum needs to ask for an increase in her benefits to cover the increase.  No reason to allow arrears to build up.

trevormax

A few things seem quite clear at this stage:
1. The new landlady seems hell-bent on getting your mother out of the house, and has already resorted to sneaky, underhanded tactics to force/scare your mother out (increasing rent, talking about arrears that she says she now doesn't care about)
2. The new landlady is clueless as to landlord law. She has not done the rent increase properly, she probably hasn't done what is required of her as a landlord (safety certificates and the like), and I'm wondering if your mothers deposit is protected ort not or if the landlady followed correct procedures for a S21.  
3. As a result of both 1 and 2 above, your mother is probably in a very strong position right now. The rent arrears are probably unenforceable, the S21 is probably unenforceable, and the landladies actions may even be considered by a court to be oppressive/harassing. I would guess that if your mother chose to stay, and chose to continue paying the same rent she's paid up to now, a court would side with your mother (if it ever got there).

I should think the landlady will step up her poor treatment of your mother when she finds out the council flat has fallen through. All contact from now should be documented and any visits by the landlady should be on an appointment basis with several witnesses present for your mother to prevent the landlady lying or trying to scare your mother. It should be made clear to the landlady that she will not be allowed access to the address without first arranging an appointment which your mother agrees to (with the exception of vital safety stuff maybe such as for a gas safety certificate). The landlady needs to be told that the rent increase has been done wrong and that your mother does not have any rent arrears at this time, and will not be considering payment of them. Make it clear in writing that she does not accept the rent arrears. 

If the landlady has a spare key to the address, get the locks changed. Make sure your mother and her partner knows what is going on and that they are to tell the landlady to leave if she comes to the address and NOT sign anything without you present.

I would consider getting some form of legal expert to represent your mother maybe if it got to court stage, someone who would be able to easily point out the multitude of errors on the landladies part. 

london21

Depends what the current going rate in the area is in comparison to the new rate offered.

dimbo61

Time to speak to CAB, Shelter or any of the other housing charities.
Speak to the council housing people as well.
The Lettings agents are part of a redress scheme as well.
If they have failed to do the basics in the first place such as informing you that your Mum has a new Landlady then have they done the other things?
EPC, EICR, GSC, Deposit ?

Ratkin007

It is also worth seeing if the council have a tenancy matters/relations team or someone within private sector housing who can provide advice on the notice/arrears issues and may suggest you approach the homeless team or you can approach them directly. Homeless would alsolook into the isdue of whether the notuce served is valid.
Just to point out, the council's rehousing team wouldn't necesarily know about private sector issues.  
It may also be the case that something else more suitable will be available quite quuckly.

deannagone

I would advise, if you haven't already, go through all the post your mother has lying around, just in case some important documents have been missed.

Make a list of the questions you want to ask from what's been said on here (short bullet points), and email Shelter if you can't get through on the phone. Make sure you check what has actually happened with your mother, just in case there's some confusion and to clear up any vagueness on what's been received so far from the previous/new LL.  As has been advised, most councils have a private tenancy officer, who are often prepared to negotiate between a tenant and LL.., and will inform the LL if they aren't doing thing legally, if necessary (they don't want yet another person on the homeless list, particularly someone with special needs like your mother). It might also concentrate their attempts to provide suitable housing for your mother (the housing with steps to the door could have had a ramp fitted, its not normally a big job). If your mother has had an OT assessment, get them involved.  If she hasn't ask for a referral from your GP or Housing (housing referred me for an OT assessment I believe). You could also get a care assessment from social services if your mother hasn't already had one.

Ask the LL if the deposit (if one was paid on moving in) has been protected and where (even if the LL had, they should have sent evidence of this/details to your mother).  I hope your mother has a receipt or something to show what she paid.

Cherrybee33

dimbo61 said:

Right so can you tell us if the property has a valid in date EPC ?

https://www.gov.uk/find-energy-certificate

You can check with your mum's post code.
Does the property have any Gas ? Gas Safe Certificate?
Same with the Electrics does the property have a valid in date EICR to say the electrics are safe ?
Did Mum and Dad ever pay a deposit ?

Hi,

Sorry for the delay i have been away.
I have just checked online, it does have a valid EPC until 2031.
I'm not sure about the EICR i don't think anyone has been to check their electric as far as i can recall. 
They didn't pay a deposit so it says on the tenancy agreement from 2004, although they have been there longer than that i believe it was 2000/2001 but we don't have any paperwork for that.

Thank you