Would a rent rise of approx 54% deemed unfair?

Cherrybee33

trevormax said:

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. 

Thank you so much. I will definitely look into all that you have said. 
We absolutely didn't receive the first rent rise letter and all consequent conversations about it have been by telephone so its a bit dodgy i feel yes.
Thanks again

Cherrybee33

dimbo61 said:

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 ?

yes, they don't have a EICR. i'm not sure what a GSC is, i can't find it on google either sorry?

Cherrybee33

Ratkin007 said:

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.

thank you

Cherrybee33

deannagone said:

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.

Thank you, yes i said this about the steps myself, if we need to pay out for a temp ramp until we can get a proper one sorted then thats absolutely fine, but they already offered to let the flat to someone within a couple of hours...
We asked for a OT assessment and they said she needs to move into a new place and then they would come out and see what she needed putting in place! beggars belief really! 
she is going to view another flat on tuesday, so fingers crossed this will all be sorted this time next week, but its great to know all these things in case its another disappointment at the 11th hour.
Thank you for your help

GDB2222

Cherrybee33 said:

dimbo61 said:

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 ?

yes, they don't have a EICR. i'm not sure what a GSC is, i can't find it on google either sorry?

GSC=Gas safety cert