Landlord given Section 21 but I already agreed to look for another property

RedPen50

Multifuel Burner -

Is their a notes section to add information pertinent as to why your landlord may not complete a reference?  I have checked the tenancy agreement and I can't find any note or clause that mentions anything about them giving/not giving me a landlord reference.  

The problem for the landlord and yourself is that he won't get what he wants until you leave and you probably won't get what you need until he legally evicts you and you become homeless to bump you up the list.  I know, I don't know what he's thinking.  Common sense says for him to give a reference, whether it's good or bad, just so the HA can make a decision, but by saying he will and instead file court papers, is just ridiculous.

The LL has had to issue the section 21 to put some focus on the end of your tenancy and also when it goes to court for eviction that will.inevitably help you find your next home if you haven't already by then.  I agree - I never said I wanted to stay in the property, I was ok with leaving and told him that back in March.  He is entitled to raise the rent if he wants, I told him I would start looking for somewhere else to live.  He then sent me a reply saying 'I will take that as your month's notice'.  I told him immediately that no, it wasn't my month's notice I had merely said I would start looking for somewhere else but it may take longer than two months.  It was after this email that he pulled back from contacting me etc.

RedPen50

Titas_Wadd -
Could you make contact with the previous landlord and ask them for a reference; assuming that would be better than no ref from your current LL?  Maybe check with the housing officer if this might be acceptable before you try to contact the former landlord.
I was just thinking that this morning - I have sent an email to him, not sure if it's still a viable address.  I will see if he replies by this evening.  If not I think I have his mobile number somewhere.

propertyrental

Thanks for the answers. My responses in italics

RedPen50 said:

Property Rental - A lot of questions!  I will try to answer, as follows:
* why did you not deal with the gas inspection properly?   Not sure what you mean by this one?  It is up to the landlord to organise and in this case he didn't after weeks of me asking him. 
So the correct action is to report to HSE using the form I linked you to, not to take it upon yourself to undertake the LL's job. There's more from HSE here:
https://www.hse.gov.uk/gas/domestic/faqtenant.htm

 I was forced to call the previous engineers, as I told my landlord I would if he didn't book an appointment by Christmas.  He was forewarned I would do this and still he did nothing.  There is a uptodate CP12 for the property now, but at the time there wasn't.
* you instruct a contractor, you pay for the contractor.  - why? It's in the tenancy agreement that they/he is responsible for maintaining the property.
Indeed. So you force him to abide by the TA (and law). You don;' take it upon yourself to do his job. If you instruct a contractor yourself, the contract is between you and that contractor, so any costs and liabilities that result are down to you.

* What kind of tenancy is this? Fixed term? Exact start/end dates please. Or periodic (rolling)? Exact dates of each period please.
This is an Assured Shorthold Tenancy - I moved in August 2014 and it continued after 6 months, so Feb 2015 and then it was automatically ongoing. 
So it's now a monthly periodic tenancy, with tenancy periods running from the (exact date please) of each month to the (exact date please) of the following month.

* Does the most recent tenancy agreement have a clause regarding rent increase? If yes, please quote exactly.  The only clause relating to rent (other than the normal 'you will pay us rent on such a date etc) is in the 'our responsibilities' section - as follows "Not increase the rent - We will not increase the rent during the first six months of your occupancy *(These clauses are drafted by the writer and are therefore not covered by the Plain English Campaign's Crystal Mark, which covers the rest of this document".  The previous landlord did raise the rent, from £400 to £425 because he redecorated/painted the whole flat and installed new carpets in the living room/kitchen and bedroom, which I had no problem with.  Both of us agreed the raise and it was all done amicably.
Given the TA has no rent increase clause, and the tenancy is periodic, rent increase must be via a S13 Notice

* what paperwork was provided for the rent increase? A S13 Notice? Or a letter/note? If letter does it refer to the TA clause (if any)?  Yes he sent a S13 notice.
So he followed correct procedure. Your options are:
* accept the increase and start paying it
* ignore it and go into rent arrears
* serve notice and leave
* challenge the increase at the Rent Tribunal

* what exact date was the rent increase served? what exact date was the new rent to be implemented?  He hand delivered the notice on 27th March 2023 and stated he wanted the new rent to start on 28th April. 
Without knowing the dates of your tenancy periods (see my Q above) I cannot comment on whether this is adequate

 I told him on 28th March that I couldn't afford it and I then received the S21 on 31st March, to expire on 31st May.  
Your response options to the S13 are as listed above. Affordability is (legally) irrelevant. However having informed him of this, a S21 Notice was a logical next step for the LL. The dates for the S21 appear correct -have you checked the other S21 validity factors?

* any difficulty you have finding a new tenancy is not (legally) the LL's concern. A S21 needs no reason but allows you 2 months before the next step.  I understand that but in his email to me 
* the LL has no (legal) obligation to provide a reference.  I understand this but he sent me a message before he applied to court saying that he would send the reference at the end of the week (last week).  Why would he say he would give me a reference, then stop contacting me and the next day file for court?
I have no idea.

* Have you checked the S21 is valid? You can check here:
S21 checklist (Is a S21 valid?)  I have sent a copy to the prevention officer and she confirmed it was valid.
How could the prevention officer possibly check all 85 validity factors? Does the officer know whether you have an EPC? the required government leaflet? a deposit not exceeding 5 weeks rent properly protected?

Unless you sat down with the officer and went through the checklist together (s)he could not possibly know.


This is slightly out of date and omits the Tenant Fees Act 2019 so:
- how much deposit have you paid? Is it more than 5 weeks rent? If yes, the S21 is invalid.  I paid £500 deposit - at the time the rent was £400 per month, then, as pointed out above, it was raised a little for the redecoration approximately 2016/2017, and has been at £425 per month since.
so rent is 425 pcm and deposit is £500. My maths is dodgy but I make  5 weeks rent = £495 - so within the permitted limit. Happy to be corrected!

* You can also check here:
Shelter s21 validity
* I repeat - do not refer in your defence to the relationship, or that the LL has been 'unreasonable', or that you are a good tenant with a previous perfect track record. That is all (legally) irrelevant.   No I won't mention that on the defence paper - I just wanted to put that in my original post to show the whole story.

I think that's all your questions, but please let me know if I have missed any.

Hope this clarifies, but I urge you to check the validity of the S21 Notice!

RedPen50

Property Rental - Yes I will check the S21 validity and use the links you provided, many thanks.
Apologies, just see your response/question for this:
* What kind of tenancy is this? Fixed term? Exact start/end dates please. Or periodic (rolling)? Exact dates of each period please.
This is an Assured Shorthold Tenancy - I moved in August 2014 and it continued after 6 months, so Feb 2015 and then it was automatically ongoing. 
So it's now a monthly periodic tenancy, with tenancy periods running from the (exact date please) of each month to the (exact date please) of the following month.
I was being paid every four weeks under my previous landlord, so the dates were different but then my hours changed to monthly approximately five years ago and so I began to pay rent on 28th day of every month, rolling on to the next month.

propertyrental

The date rent is paid is irrelevant.

When a fixed term ends, the monthly periods start on the next day (even if rent is paid on a completely different date).

So if the fixed term ended on, say 25th April, your tenancy periods would then run from the 26th of each month to the 25th of the following month.

saajan_12

Big block of text, I'll try to paragraph up and comments in line. Overall, what do you want to achieve? 

RedPen50 said:

Hi there, I know this is a long post but I am very stressed at the moment and not sure about where to go for extra advice as I can't seem to find anyone in the same situation.  I have been private renting my one bed flat since Aug 2014.  The landlord was lovely, did various repairs and generally let me live in the property without any problems.  Around 2019, he decided to sell and someone else bought the flat, taking over my tenancy automatically.  For some reason we never seemed to 'gel'.  To me this guy was cocky, telling me he wanted to buy other houses in the neighbourhood, as many as he could.  I didn't particularly like him, but luckily he kept out of my way as well and didn't bother me.  Then it all went south. - okay, but all irrelevant background. 

Around October 2019/20, I realised that my gas service was over a year overdue.  I sent messages to my landlord but he didn't reply.  Eventually he came back to me and said he would handle it.  November came and went and so did December.  I told him that I worked for a local council, in the gas/electric office - ironically booking gas and electric services/tests.  I told him he was breaking the law and that I was now coming up to 15 months out of compliance.  Still no reply.  So I contacted the engineers that worked for the previous landlord and booked them in for early January.  I informed the landlord and he didn't like it one bit, telling me that 'this is not what landlords do' and that I would have to pay for the service myself.  - did you arrange a service or just a safety check? If the LL failed in their obligations, you have to follow the Shelter process before actually arranging it yourself if you want to be reimbursed. If you shortcut this then you may be liable for costs you incurred. 

I fired back text after text, telling him over and over that it was his responsibility, sending him links to websites telling him this information.  From this point onwards I didn't trust what my landlord said, or did, and it is also the point I believe that he had me pegged as a 'troublesome' tenant.  There was also an issue, earlier this year in March, where I had a dripping tap.  After some messaging back and forth, the landlord finally fixed the tap three weeks later.  I have a transcript of all these emails, texts and whatsapps (which, as it happens, is a good job I did).
I had asked him to remove the hall radiator as I was having trouble moving a new sofa around the corner and he came along, with his 'contractor' - who seems to be the same guy to do all kinds of jobs - and as they took away the radiator, my landlord brings out an envelope. - if you're at 'text after text' then not surprised he thinks you're troublesome. If the relationship has deteriorated (and even if not) better communicate more formally in writing (email / letter). if the tap got fixed in 3 weeks, that's not too bad to diagnose, buy replacement parts, arrange a time for the repair etc.  As for the radiator, sounds like that was a favour for your convenience and he didn't have to do that at all. 

He told me he was raising the rent from £425 to £500.  I told him straight away that I could not afford it.  He told me I had 'enjoyed a low rent for years' and that he was bringing the rent up to line with other local properties.  In my area, it is about 50/50 - there are 1 bed properties that do go for that price, but there are also 1 bed houses that go for that price too.  I took the envelope and again said I couldn't afford it.  Again, emailing back and forth, I confirmed that I did not agree to the rent increase and offered him £450 (which was also pushing me, but to be honest I wanted to see what his reaction would be).  He replied, refusing this amount and said he wanted the rent increase to start from end of April. -  did this 'envelope' or subsequent communication include a Section 13 notice that was properly served (ie giving 1 period notice)? Was your tenancy a SPT at the time? Did you refer this to tribunal (saying you can't afford it isn't enough)? If Yes, Yes, No, then the new rent DOES apply from the date stated on the Section 13. 

I told him I could not afford this and that I would start looking for a new property.  He immediately replied saying he was taking this as my one month's notice.  I fired back straight away confirming that it was not my month's notice, I was going to start looking for somewhere else to live and that I did not agree to the increase.  I also looked online at Shelter and contacted my local council's prevention team, speaking to a lovely officer who has given me a lot of advice during this time.  April and May came and I paid my normal rent.  - why, when your rent had changed (subject to the answers to the above)? Please quote the advice given by Shelter / Council if this stated otherwise. You will be in rent arrears and the LL has more options to evict you. 
When my landlord came to check the tap had been fixed, he handed me a letter and left.  It was a 21 notice.  It was now also becoming increasingly difficult to get hold of my landlord, with him replying to me nearly a week after my original message.
In the middle of all this, as soon as I knew I was looking for another place, I registered with the local council to bid on their properties and have been doing this since early April.  I told the landlord this, that I was actively looking for another place.  He kept coming back with 'I gave you two months to find somewhere'.  I'm not sure if he is aware of how difficult it is to find a new property to rent when all of this came from out of the blue.  I don't have any money saved up for fees or deposits or anything, so I knew my best bet would be a council property/no deposit. - well if you're working, no vulnerable people (you don't say there are) and currently housed then its unlikely you'll be at the top of the list for social housing. Saving for deposit money should have started as soon as you moved in (aided by the return of the previous deposit), as you don't ahve a guarantee of long term accommodation in private renting. 

Now this is where the story gets me so angry - the last week of May, as per the prevention officer's advice, I contacted a local housing association about a property I saw on their website.  It was, as was most off the council properties, only for people of a certain age or over.  I reach that particular age in September and my prevention officer told me to contact them and see if they would accept me.  I did so and, thankfully, they did, sending me over electronic application forms, budget sheets etc.  Within two days I had completed all the paperwork and sent back my ID etc.  It was just the landlord reference to go.  The HA sent emails asking for the reference, I sent emails and whatsapped him too.  Nothing.  He finally responded a couple of days later, on Tuesday 30th May, saying he would fill it out and send it back at the end of the week (this was what he usually said with any request I asked of him). - the LL doesn't have to provide a reference.. regardless of what you think is in his interest, you can't demand it so not sure why the anger. Also is this is for a move post September? If so, can understand the lack of urgency. 

On Friday 9th June I received court papers, from my landlord, for possession of the property.  I was so mad!  When I looked at the papers, he had filed them on 2nd June.  So a full 24 hours after he knew I was waiting for his landlord reference, he then decided to go ahead with court.  Even now, today, he has not responded further on whatsapp, or any of my emails.  I did leave him a voice message on the Friday, saying I had received the papers but I was more concerned that he had not sent his reference through.  I don't understand what he is thinking!  Sure if he wants me out, he should fill out and send the reference so the HA application can be completed and I can give a date when I will vacate.  In the papers, my landlord has also stated that he wants me to pay the court costs of £355! - Well if this is a move for September and something could affect that new place eg others jump ahead in the bids, or you don't pass the checks (esp given your rent arrears or anything else). The only way LL would know for sure is once you move out in 3+ months time, and if you don't then the LL has to start the court process from the start.. so only natural they would want to keep that on track regardless of your plans, unless you actually serve notice. 
Contractually, in your AST you would have agreed to leave in 2 months, so while you have every right to wait for the court process, you can still be liable for the out of pocket expenses ie £355 court fee. 

 Whenever I ask for advice on this, online, it's just the normal 'don't agree to the increase or else you have accepted it',  also 'you will have a while once the 21 notice expires (which was 31st May) before he takes you to court'.  The papers say that he has done so using the accelerated procedure. - please quote these. Maybe don't agree to an increase that's merely requested, but if its formally notified via Section 13 then that's binding unless you go to tribunal, plenty of resources that talk about this. Re Section 21, you have time to move before the court hearing / possession order, but that doesn't mean you don't become liable for the fee. 

I truely feel that the problem I had with him at the beginning about the gas service has put it in his head that I am trouble.  In all the (nearly) nine years I have lived here I haven't had a complaint against me, I haven't had neighbours complaining, I have lived quitely and to myself.  He has not told me of anything that I have done that has constituted me breaking any rule within my tenancy agreement.  And then out of the blue there is this. - all irrelevant as the Section 13  wasn't formally contested and Section 21 applies regardless of cause. However as to any bad feeling, just by your account of the umpteen messages, expecting a radiator moved for your convenience and generally escalating anger, its not surprising he wants an end to the deteriorated relationship. 

Again, I apologise for the long post, but I don't know what to do.  I am at present in the middle of completing the defence form as it was dated the 8th June, so it has to be back at the court before 22nd June. - No point, there's no defence to a Section 21. They can evict you. 
This is just crazy - I never thought I would be evicted when I had already agreed to move out and then have the landlord prevent me from moving out because he won't complete a landlord reference for the HA!  Any help or advice would be great.- well agreeing to move out after several months, without serving a binding notice doesn't really help much. Why wouldn't they start the eviction process as a backstop? If you're moving out anyway, then makes little difference to you (other than the fee which is yours as you didn't move out in the 2 months). 

propertyrental

I agree with everything saajan_12 says above except:

No point, there's no defence to a Section 21. They can evict you. 

There is defence on the grounds the S21 is invalid, for one of a host of potential reasons. But until you check, you won't know.

RedPen50

Saajan_12

I'm not exactly sure if you read my original post - I know it was a long one - but you seem to be mistaken on a few of my issues, please see below:

Gas Service / texts / dripping tap - did you arrange a service or just a safety check? If the LL failed in their obligations, you have to follow the Shelter process before actually arranging it yourself if you want to be reimbursed. If you shortcut this then you may be liable for costs you incurred / if you're at 'text after text' then not surprised he thinks you're troublesome. If the relationship has deteriorated (and even if not) better communicate more formally in writing (email / letter). if the tap got fixed in 3 weeks, that's not too bad to diagnose, buy replacement parts, arrange a time for the repair etc.  As for the radiator, sounds like that was a favour for your convenience and he didn't have to do that at all. 
This happened nearly three years ago, I did not know that I could report my landlord for failing to organise a gas service - I have only found this out by coming onto this site.  When I checked my old certficate I saw that I was 12 months overdue - not 1 or 2 months, but a year overdue!  I sent my LL a text explaining what he had to do and he text me back saying it wasn't his responsibility.  When I said previously that I fired text after text, that was in response to the texts that he was sending me, approximately ten texts back and forth, where he refused to organise the gas service as he fully believed it was not his responsibility.  We were both sending texts to each other, it was not all just me, so not sure what your comment of 'not surprised he thinks you're troublesome' means.  I warned him a couple of times that if he didn't book a service by Christmas (this was in late October) then I would organise it myself.  He didn't reply and so after Christmas, I called the old engineer company, explained the situation and gave them his contact details.  My LL only then contacted me to ask why I had done it.  I told him I had the texts as proof that I had repeatedly asked him to arrange the gas service.  Again he was texting / calling me back, telling me I was wrong and that I would have to pay.  I then told him I worked at a council, in the gas office, dealing with gas services, I copied in website links showing LL's duties, which is to carry out an annual gas service.  Only then did he calm down and agree to pay for the test.  I never said I paid for the test, so I am not sure where I stand on looking at the Shelter advice.

Dripping tap - As I said before - I sent my LL a message explaining I had a dripping tap.  It took him five days to come out to the property and then didn't believe that it was worthy of fixing.  The next day the dripping was so bad I sent him a video via whatsap.  Then he said he would get his 'contractor' out.  Another week goes by and he was very nonchalant about it when I messaged him.  He didn't care.  Then he finally got his 'contractor' out - who is the same guy doing the gas service - but because of Eid, he didn't want to do anything either.  It was another week of me asking when it was going to be done and only then did he call out an actual plumber but when he came the plumber said my LL had ordered the wrong tap and so the plumber said he would pick one up on the way home and come back the next day to fix.  The plumber had seen the old tap, knew which tap to get, came back the next day and the job was done in 24 hours but my LL and his 'contractor' took three weeks.  Sorry, that isn't fine in my book.

Radiator -yes, I agree, I was merely pointing out that it was when he came to take off the radiator, with his 'contractor' friend, was when he hand delivered me the S8 notice, saying he wanted to raise the rent.  I believe this was around the first week in March.  I emailed my LL and offered a lower rent raise but he refused.  On 28th March I sent an email confirming I would be looking for a new place.  My LL took this to mean that it was my month's notice.  I explained that it was not my notice as I hadn't got a place to move into.  I had applied for council housing on 5th March, shortly after I received the S8.  I had been dealing with their application process during that time, hence the small delay in emailing him on 28th March.
On 31st March, when my LL came to check on the new tap, he handed me the S21 notice, saying I had to be out by 31st May.

No I didn't refer it to the tribunal as I didn't have the money they said I needed to pay for this.  In my area there is a mix of properties, some houses going for £500 and some studio apartments going for £500.  I was told that there was a chance the tribunal could put the rent up higher and I couldn't afford that.  My tenancy has been Assured Shorthold Tenancy for approximately eight years. 

Deposit - yes I am working and currently housed, so I knew it may be a while before I was rehoused.  I also spoke to prevention officers at the local council who suggested I still look and apply for privately rented properties, which I have been doing since the middle of March.  I may have been naive to not have saved for a deposit, but at my age I thought I had a place for a little while longer yet and saving for a deposit, when I already had one in the protection scheme, wasn't on the top of my list.  I have been very surprised at how this had spiralled so quickly and unecessarily, which is why I made the comment about my LL believing me to be awkward.

Reference - the LL doesn't have to provide a reference.. regardless of what you think is in his interest, you can't demand it so not sure why the anger. Also is this is for a move post September? If so, can understand the lack of urgency. 
The anger is because he messaged me on 1st June, saying he would complete the landlord reference by the end of the week.  The day after sending me that message, 2nd June, he filed for possession at court.  I am not sure what his thinking was.  I know he doesn't legally have to give me a reference, but there was no reason for him not to as both myself and a housing association explained in separate emails that all I needed was his reference and my application to the HA would be approved.  To me he was cutting his nose off to spite his face.

*Update - as of 16.6.23 - thankfully, the HA accepted a character reference from my line manager, my application was approved and I have now been given a formal offer of a property nearby.  At least I know I have somewhere to go now and hopefully will be able to move in the next week or so.*

Moving Out - well if this is a move for September and something could affect that new place eg others jump ahead in the bids, or you don't pass the checks (esp given your rent arrears or anything else). The only way LL would know for sure is once you move out in 3+ months time, and if you don't then the LL has to start the court process from the start.. so only natural they would want to keep that on track regardless of your plans, unless you actually serve notice.  Contractually, in your AST you would have agreed to leave in 2 months, so while you have every right to wait for the court process, you can still be liable for the out of pocket expenses ie £355 court fee. 

Not exactly sure where you got September from - he only gave me two months - by 31st May - to vacate the property.  That included finding a suitable property, organising everything and moving into the new property in two months.  The prevention officer, because I was due to be homeless in two months, managed to get my banding up to Silver, and there was nothing wrong with my application which was accepted, but it was still difficult.  Again, to remind you, that alongside the social housing, I was looking at private rented and housing associations too.  It wasn't as though I was sat around waiting for 31st May to come around.  I told my LL that I would try to be out it two months but I couldn't guarantee.  As usual, he didn't respond.

Please quote these. Maybe don't agree to an increase that's merely requested, but if its formally notified via Section 13 then that's binding unless you go to tribunal, plenty of resources that talk about this. Re Section 21, you have time to move before the court hearing / possession order, but that doesn't mean you don't become liable for the fee. 

He sent me an S8, then an S13 then a S21 all within a couple of weeks in March.  I was told by different people that I would have time once I received a S21, but as he used the accelerate procedure, I have to send back my defence papers in two weeks or the court will accept his version.  If he told me he would give me a reference but then the next file for possession, when I had already told him I had no problem leaving, understood I had two months to do so but explained I might not just be out by 31st May and then for him to file papers, I think is unecessary, hence the fact he is wanting me to pay for court fees on a procedure that was unnecessary - I have been trying to get in touch with him, it's my LL that hasn't contacted me since early June.

S13 - all irrelevant as the Section 13  wasn't formally contested and Section 21 applies regardless of cause. However as to any bad feeling, just by your account of the umpteen messages, expecting a radiator moved for your convenience and generally escalating anger, its not surprising he wants an end to the deteriorated relationship. 

As explained above, that is not what happened and you seem to have got the wrong end of what I said in my original post.  In one email my LL sent back to me (after I had told him I had received the S13 and that I hadn't given notice but confirmed that I would start looking for somewhere else to live,) "If you are refusing to pay the new amount, as you do not agree with the increase, this is not the correct process, please seek advice from the CAB or a legal practitioner".  I did check the legal advice and I was told time and time again that I did NOT have to accept the rent increase, which I had already told my LL that I didn't.  I didn't know I could contest the S13, I didn't have information on that, just that one one side I didn't have to but my LL saying I had to accept it.  I just continued looking for another property.  

Defence - No point, there's no defence to a Section 21. They can evict you. 
This is the paperwork that the court sent me and that I have to complete and send back within two weeks as part of the accelerated process.

Moving out - well agreeing to move out after several months, without serving a binding notice doesn't really help much. Why wouldn't they start the eviction process as a backstop? If you're moving out anyway, then makes little difference to you (other than the fee which is yours as you didn't move out in the 2 months). 
I agreed almost from the beginning to move out, I told him I had no problem with that but wasn't sure if I could do it by the end of May.  He knew that from the beginning.  Not sure what a binding notice is, I haven't been told about a binding notice.  He knew I had a potential property on 1st June that I could move in to, I was just waiting for his reference.  He filed papers the next day, stopping my application from progressing.  It's only because the HA accepted my manager's character reference that I have this property.  What my LL did, in my opinion, is being vindictive.

RedPen50

Ok a quick update - I completed the defence papers and just before I sent them off, I found the gas cert sent to me from the previous gas ops, which proved that there was over a year before my present landlord did his first check, so I didn't have a gas cert for 2020.  I added this to my notes, along with the info that I had already got my keys and was moving into another property that week.  Within the week,  I got a letter saying that the case was now going to be heard at Bradford Court on 9th August.  Not sure is this is a good thing or bad!

propertyrental

Putting aside the gap in gas safety inspections which you now know how you should have dealt with, was there, or was there not, a valid gas safety certificate on the date when you received the S21 Notice? 

As you are not paying the new rent, you may find you are building up rent arrears which the LL could claim. You say:
"If you are refusing to pay the new amount, as you do not agree with the increase, this is not the correct process, please seek advice from the CAB or a legal practitioner".  I did check the legal advice and I was told time and time again that I did NOT have to accept the rent increase, which I had already told my LL that I didn't.  I didn't know I could contest the S13, "

The LL gave you the best advice he could - "seek advice". Yes, you don't have to accept the new rent, but only by appealing to the rent tribunal. (Your LL helpfully explained that just telling him you don't agree "this is not the correct process").

Since you did not appeal the new rent, it is now the new legal rent.

I am pleased to see you have sorted out a new property, so hopefully you will now be OK.