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Rolling AST and Change of Ownership of Rented Property

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  • MobileSaver
    MobileSaver Posts: 4,339 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The Tribunal is specifically about the rental increase they are trying to impose on me. ... the increase is to be £708 per month when the average rental for a similar property is less than £650 per month,
    Gotcha, your original post gave the impression you were challenging the Notice purely because of the address omission.
    This is not a court case but a Tribunal to determine the rent, no costs have been incurred by any party and the Tribunals decision is final.
    How do you know the landlord hasn't incurred costs regarding the matter?
    Assuming you are talking about the First-tier Tribunal, it is part of the courts and tribunal service and can most certainly award costs against either party; both in the case of someone being unreasonable (which is now no longer relevant in your case as you've expanded your reasoning) or if the tenancy agreement says the landlord can claim costs from you.

    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • I have been in contact with the letti g agent throughout the process, neither of us have incurred costs or will incurr costs. The only mention of costs if I was to appeal the decision based on the legal process not being followed correctly by the Tribunal and I'm almost certain that wont happen.

    Regarding the notification of new landlord, and for arguments sake lets say that the current confusion about owners etc is resolved and I should have been given notification, what is the next step for me?
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper

    Regarding the notification of new landlord, and for arguments sake lets say that the current confusion about owners etc is resolved and I should have been given notification, what is the next step for me?
    If by that you mean the issue of different LL names is resolved (eg you get a S3 notification of assignment, or realise the LL has not changed and the S13 is in LL's name, next step is to attend the tribunal and hear what new rent they propose.

    I've never attended one so don't know, but it might be worth doing your own local market research and taking along examples of local rents....
  • I know what rent is proposed it was listed in the S13 Notice.

    What I mean is I havent had a notification of landlord change, how do I proceed from there? 
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    I know what rent is proposed it was listed in the S13 Notice.
    But presumably you appealed this increase and hence the Tribunal. The Tribunal will review the LL's proposed rent and decide if it is in line with local rents. The tribunal might a) agree the LL's proposed rent, b) reduce it or c) increase it

    If you have evidence showing local rents are lower than the LL's proposed rent, and present that evidence to the tribunal, that might sway them towards b) above - though they will still do their own assessment I imagine!

    What I mean is I havent had a notification of landlord change, how do I proceed from there? 

    No experience, but I imagine you could ask the tribunal to invalidate the S13 and terminate their rent assessment on the grounds that your named LL has not sent a S13. Whether they would a) allow the S13 to be challenged and b) if yes, agree the S13 was invalid, I don't know
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