tenant for 13 years...but now i'm under pressure

worn_out

last week a had my 'invitation' to accept a new 12 month tenancy from 1st April, and a rental increase ..they wanted me to reoly asap so I did with an acceptance. Yesterday the agents wrote again saying the landlord wants to increase the rent higher than quoted in the original offer I agreed to...and I guess despite me potentially agreeing to this he could come back again with another rental increase to see how far I'm prepared to go.

So my question is, was there a tacit agreement once I'd accepted the original offer from the Agents ?

My 2nd question is regarding repairs and maintenance, the attic (which is floorboarded but not habitable) has numerous amounts of black mould in it on the plastered roof and around the window..I reported this to LL. The agents came back and told me to buy some spray and go up and brush it,spray and wipe it down. There is no heating in the attic, and no opening windows. I store suitcases and boxes etc up there.

So my 2nd question is who's responsibility is it to clean this up  ? My thoughts are that if this was a bathroom or shower then I'd do it no problem and open a window to ventilate, but the attic area ?

propertyrental

1) How was the 'invitation' delivered? A new tenancy agreement, signed/unsigned by landlord or agent? An email? Or what?
Irrespective I suspect there was a contract. There was an 'offer' and an 'acceptance'.
Have you got copies (ie evidence) of.... whatever it was?

And if it it argued that it was not a binding contract (on both parties) then why not respond "In that case I'll move to a periodic tenancy in April, at the current rent."

2) It seems likely that the cause of the mould is structural, as opposed to tenant actions, in which case it is the LL's responsibility. You say it is not habitable, yet there is a window. Strange. Why? Mould in an attic suggests either a leak (in roof? In the window?) or humid air rising up from below (eg bathroom), but the cure is ventilation. An Attic should have adequate ventilation which is why insulation should never be laid right up into the eaves as this blocks the ventilation.

LegallyLandlord

When you say “tacitly accepted”, did you or the agent confirm it in a message or email? 

If you don’t agree to the new rent, the landlord can serve a section 13 notice on you to increase the rent with one month’s notice. Unless the new rent is above the market rate for a new tenancy in the area for a similar property (with mould on the loft),  there’s not much you can do. 

If you’d like to read more on the rent review process, including the section 13 notice and challenge in a rent tribunal, this article goes through it:

https://theindependentlandlord.com/rent-increase-landlords/

The mould sounds like they don’t have air bricks and there’s a build up of condensation or there’s a leak, as @propertyrental says. I would send a letter with photos and ask them to send an appropriately qualified person to check it. 

macman

You say you have accepted, but are you actually seeking a new 12m term, or are you happy to go periodic? If so, and you don't accept, then your tenancy simply continues as before.
The mould is a separate issue and has nothing to do with your tenancy/rent  negotiations.

worn_out

all offers and acceptance was by email. my 'contract' say rent review is 4% increase...but next sentence says landlord can 'negotiate' a different amount...that kind of makes the 4% bit nonsensicle..and is there actually any negotiation.

i read the link which was posted, thank you

worn_out

macman said:

You say you have accepted, but are you actually seeking a new 12m term, or are you happy to go periodic? If so, and you don't accept, then your tenancy simply continues as before.
The mould is a separate issue and has nothing to do with your tenancy/rent  negotiations.

i'm not sure which gives me the best security tbh

propertyrental

worn_out said:

macman said:

You say you have accepted, but are you actually seeking a new 12m term, or are you happy to go periodic? If so, and you don't accept, then your tenancy simply continues as before.
The mould is a separate issue and has nothing to do with your tenancy/rent  negotiations.

i'm not sure which gives me the best security tbh

A new fixed term for 12 months gives you security .... for 12 months. The rent is fixed and eviction is (almost) impossible.

worn_out said:

all offers and acceptance was by email. my 'contract' say rent review is 4% increase...but next sentence says landlord can 'negotiate' a different amount...that kind of makes the 4% bit nonsensicle..and is there actually any negotiation.

i read the link which was posted, thank you

Not nonsensicle (sic), but unnecessary. Rent can always be negotiated whatever the contract says. But the tenant does not have to negotiate!

Unfortunately in this case it seems the LL made an offer (as part of the rent negotiation) which you could have declined, forcing the LL to fall back on the 4% increase. But it appears you accepted.......

macman

A new fixed term obviously gives you security, but gives you less flexibility. Which is more important to you?
All this is somewhat arbitrary now if you have already accepted a new fixed term, which you appear to have already done.

worn_out

No..the first offer was a 2.8% increase..which I accepted by return email... Then a new email arrives and the 'offer' is 7.5% increase...which I haven't responded to yet..

worn_out

No...the first offer was accepted by me..but then another email arrived saying the landlord wanted more..which I haven't replied to yet..

worn_out

sorry i was quoting with these replies but they seem to have not worked as quotes...