Re-issued tenancy

Spud06

hi, complicated question but a bit of background first, moved into property in 2017 on a years tenancy, since then the tenancy has been rolling, no new contract issued, numerous rent increases through a s13 there has been a change of owner twice, same management company. The properties now have another new owner who  want to issue a new contract, they are saying that they don’t need to provide any notice (they sent an email on the 5th March for a 1st April new contract and increase in rent then sent another email on the 5th April saying new correct and increase would be from 1st May but contract wasn’t updated to reflect this, so I queried the date. They have just called me to say the increase is from the 1st April and that as it’s a new tenancy they don’t need to provide notice including the rent increase 
can anyone advise on what the law actually says here 
many thanks 😊

theartfullodger

Assuming England.

Unless it's a formal s13 notice you can ignore it.  

But the worrying thing is they appear not to understand basic landlord processes.

In your shoes I'd do nothing, see what happens next. But I'm more inclined to gamble than many.

But has new owner/landlord served valid s48 & s3 notice(s)?  If not no rent due (s48) and possible fines and criminal offence for landlord.

S48 must give an address for landlord in England or Wales.  S3 must give landlords actual address (eg in Scotland).

Artful: Landlord since 2000.

doodling

Hi,

As you already have a tenancy then any new contract is a matter of negotiation.

Similarly, if you don't agree a new tenancy contract then any rent increases need to be by agreement or via S13.

The new landlord might think they have really good reasons to push new tenants into signing a new contract (and be willing to issue a S21 and evict if the tenant doesn't want to) or they may just be idiots.  Only you can judge that.

PRAISETHESUN

Have you signed the new document? If not (and there no legal requirement for you to do so) then politely refuse to do so. You currently have a perfectly legal tenancy agreement, and no-one except yourself or a court order can unilaterally end it. Any rent increases have to go through the correct process.

Of course the LL could issue S21, but given they fail to understand what they are allowed to do, I suspect there's other things they may not have done correctly which could lead to it being invalid. Up to you how much you want to rock the boat I guess.

Spud06

I’ve not signed anything as I’m not happy with yet another increase, also the new contract has a 6 month break clause which I’ve not previously had and provision for a yearly increase (they’ve always done that anyway) I questioned the validity of what they were doing and, you guessed it I  was told if I don't sign it my tenancy is at risk !! 

Spud06

theartfullodger said:

Assuming England.

Unless it's a formal s13 notice you can ignore it.  

But the worrying thing is they appear not to understand basic landlord processes.

In your shoes I'd do nothing, see what happens next. But I'm more inclined to gamble than many.

But has new owner/landlord served valid s48 & s3 notice(s)?  If not no rent due (s48) and possible fines and criminal offence for landlord.

S48 must give an address for landlord in England or Wales.  S3 must give landlords actual address (eg in Scotland).

Artful: Landlord since 2000.

So as far as S3 and S48 are concerned, the properties were sold in December, all the tenants had a letter telling us that they had been sold and think it said who the new owners were, no formal notices just a letter, is this sufficient? The management company hasn’t changed in all the years I’ve been here and the last time the properties were sold we were told but no new contracts were issued 

theartfullodger

Notices just need to comply with s3 & s48.  Was an address given for landlords, where ? (eg Wales, NI...) please?

Is landlord a human or a company?

propertyrental

* Please confirm the assumption we have made that this is England.

* artful is right that without a S48 notice, no rent is due

* but if no S3 notice is served, rent IS still due. However:

"A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale."

* you have a valid contract. No requirement to sign a new one whether at the same or a new rent

* if you don't sign, you can continue to pay the same rent - unless of course the last tenancy agreement you signed had a rent review clause that the LL can implement

* if the LL wants to then increase the rent, he'd need to serve a S13 notice (which you could challenge at tribunal where it would be decided if it was a fair market rent)

* or the LL could serve a S21 notice giving 2 months notice that he might then ask a court to end the tenancy (takes about 4 - 6 months unless you voluntarily leave.)

Spud06

theartfullodger said:

Notices just need to comply with s3 & s48.  Was an address given for landlords, where ? (eg Wales, NI...) please?

Is landlord a human or a company?

I’d need to dig the letter out to see, I think from recollection it did and the landlord is a company 

Spud06

Hiya sorry yes England 
Thank you  all for all your support so far but just to clarify is there any notice period required for issuing a new contract, assuming all other things have been issued correctly ? 

I thought, maybe wrongly l, that it was two months to allow the tenant to find somewhere else should they not wish to proceed with the new contract, irrespective of it being a new landlord, does that make sense? 

doodling

Hi,

Spud06 said:

Hiya sorry yes England 
Thank you  all for all your support so far but just to clarify is there any notice period required for issuing a new contract, assuming all other things have been issued correctly ? 

I thought, maybe wrongly l, that it was two months to allow the tenant to find somewhere else should they not wish to proceed with the new contract, irrespective of it being a new landlord, does that make sense? 

The landlord can issue a new contract every half hour with no notice at all if they want to.

Issuing a contract has no legal meaning.  There is only legal meaning if you agree to the contract and you are not obliged to do that.

If they are proposing a new contract which incorporates a rent increase then I would be wary of paying the increased rent if you don't agree the terms of the new tenancy agreement as paying the increased rent could be seen as agreeing with the contact as a whole unless you explicitly state that you are only agreeing to the rent increase.

The only thing which can result in you having to leave the property are bailiffs turning up, after a court order, after a court hearing, after the lanlord has issued a formal notice under the housing act.  Issuing a contract is not a formal notice under the housing act.