Section 13 rent increase

Halabala9

Hi Everybody,

I have got some totally silly situation. I am currently on 1 month rolling contract. I'm 4 months into purchasing a flat, and my landlord is 4 months into selling the flat I live in to a FTB.

I am getting along with my landlord very well, no issues, but suddenly, when she knows I am about move out soon anyway, because I hope I am going to exchange in 4-6 weeks, she suddenly sent me a Section 13 with 20% rent increase as a photo on Whatsapp.

I am not going to pay that, no because I can't afford, but because that flat isn't worth even £1 more and it is some totally silly situation increasing rent for literally 1 maybe 2 months.

Question - is it legal to send such notice via Section 13 Whatsapp photo? I can say I can't see it clearly. If I ask to serve me Section 21 notice instead (2 months), as I refuse to pay an increased rent, can she still charge me the last month of increased rent?

I would prefer to "buy" myself 1 more month just in case if there is any delay with my property purchase so is there any trick here I can use?

Regards

theartfullodger

Doubt it.

You'll appreciate that just because landlord sells property does not compel tenant to leave nor end tenancy.

Mark_d

https://www.citizensadvice.org.uk/housing/paying-rent/challenging-a-rent-increase/
See the bit about checking your Section 13 notice is valid

Grizebeck

You have plenty of time 

Jemma01

I thought they needed to give you a month notice to increase the rent, and it is not on immediate effect? Does it not state which month?

Gov.uk says

"How your landlord must propose a rent increase:

Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly)."

Halabala9

Jemma01 said:

I thought they needed to give you a month notice to increase the rent, and it is not on immediate effect? Does it not state which month?

Gov.uk says

"Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly)."

It is 1 month and that photo states it will be from 23th September. But I need to find some trick to avoid it, as I said, that flat isn't worth £1 more. My idea is - since the notice needs to be given with full 1 month between rents, and it's already 21st today, I think if I wait few more days, and tell her after 23th that sending a photo isn't a legally valid notice, she will lose one month I think, as then the increase could take place from 23th October. Most likely she will serve Section 21 notice but I don't want to pay even 1 month increase.

Jemma01

Mike997 said:

Jemma01 said:

I thought they needed to give you a month notice to increase the rent, and it is not on immediate effect? Does it not state which month?

Gov.uk says

"Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly)."

It is 1 month and that photo states it will be from 25th September. But I need to find some trick to avoid it, as I said, that flat isn't worth £1 more. My idea is - since the notice needs to be given with full 1 month between rents, and it's already 21st today, I think if I wait few more days, and tell her after 25th that sending a photo isn't a legally valid notice, she will lose one month I think, as then the increase could take place from 25th October. Most likely she will serve Section 21 notice but I don't want to pay even 1 month increase.

I can't imagine it being illegal. It is in writing. But then I'm not a lawyer.

Just remember your purchase could fall through if you are in a chain, and she would be able to take it out of your deposit, since she's within her capacity to increase the rent. Personally, I'd challenge it in the hope she backs out and not deduct it from my deposit.

RHemmings

Jemma01 said:

Mike997 said:

Jemma01 said:

I thought they needed to give you a month notice to increase the rent, and it is not on immediate effect? Does it not state which month?

Gov.uk says

"Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly)."

It is 1 month and that photo states it will be from 25th September. But I need to find some trick to avoid it, as I said, that flat isn't worth £1 more. My idea is - since the notice needs to be given with full 1 month between rents, and it's already 21st today, I think if I wait few more days, and tell her after 25th that sending a photo isn't a legally valid notice, she will lose one month I think, as then the increase could take place from 25th October. Most likely she will serve Section 21 notice but I don't want to pay even 1 month increase.

I can't imagine it being illegal. It is in writing. But then I'm not a lawyer.

Just remember your purchase could fall through if you are in a chain, and she would be able to take it out of your deposit, since she's within her capacity to increase the rent. Personally, I'd challenge it in the hope she backs out and not deduct it from my deposit.

The link above warns of this, but if the rent increase is challenged through a tribunal, it's possible that the tribunal may agree that the rent increase is reasonable. Or could (moderately rarely) even set a higher rent than that asked. A tenant challenging a rent increase through a tribunal then needs to be aware that while the process may take some time (potentially giving the OP the time they want), if the tribunal approves a higher rent, the tenant will have to pay that back-dated to when the original increase would have happened. Which could be a sudden, large, bill. 

Halabala9

Jemma01 said:

Mike997 said:

Jemma01 said:

I thought they needed to give you a month notice to increase the rent, and it is not on immediate effect? Does it not state which month?

Gov.uk says

"Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly)."

It is 1 month and that photo states it will be from 25th September. But I need to find some trick to avoid it, as I said, that flat isn't worth £1 more. My idea is - since the notice needs to be given with full 1 month between rents, and it's already 21st today, I think if I wait few more days, and tell her after 25th that sending a photo isn't a legally valid notice, she will lose one month I think, as then the increase could take place from 25th October. Most likely she will serve Section 21 notice but I don't want to pay even 1 month increase.

I can't imagine it being illegal. It is in writing. But then I'm not a lawyer.

Just remember your purchase could fall through if you are in a chain, and she would be able to take it out of your deposit, since she's within her capacity to increase the rent. Personally, I'd challenge it in the hope she backs out and not deduct it from my deposit.

How can a WhatsApp photo be a legal notice? I've had plenty of problems with WhatsApp when I couldn't see a photo properly as it was showing some very low resolution one. 

It is not a chain purchase. The tenant already moved out from the property I buy so it's vacant. The seller is keen to sell it but she has got some crap solicitor. It's been 4 months and I still can't see the end. Anyway, I'm very seriously considering leaving the country if that sale won't be completed before I need to move out from that flat. That option isn't a bad one too to be honest, as I've got a few ideas in other parts of the world.

user1977

Mike997 said:

Jemma01 said:

Mike997 said:

Jemma01 said:

I thought they needed to give you a month notice to increase the rent, and it is not on immediate effect? Does it not state which month?

Gov.uk says

"Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly)."

It is 1 month and that photo states it will be from 25th September. But I need to find some trick to avoid it, as I said, that flat isn't worth £1 more. My idea is - since the notice needs to be given with full 1 month between rents, and it's already 21st today, I think if I wait few more days, and tell her after 25th that sending a photo isn't a legally valid notice, she will lose one month I think, as then the increase could take place from 25th October. Most likely she will serve Section 21 notice but I don't want to pay even 1 month increase.

I can't imagine it being illegal. It is in writing. But then I'm not a lawyer.

Just remember your purchase could fall through if you are in a chain, and she would be able to take it out of your deposit, since she's within her capacity to increase the rent. Personally, I'd challenge it in the hope she backs out and not deduct it from my deposit.

How can a WhatsApp photo be a legal notice? I've had plenty of problems with WhatsApp when I couldn't see a photo properly as it was showing some very low resolution one. 

But you can obviously read this one, because you've told us what it says...

BarelySentientAI

Mike997 said:

How can a WhatsApp photo be a legal notice? 

so is there any trick here I can use?

But I need to find some trick to avoid it

Doesn't sound like you're really bothered if it's a legal notice at all though, as you're wanting 'a trick'.

If it isn't legal, no trick needed, it's just not legal.

What you seem to be really asking is "can I bluster and pretend and handwave and try to get away with avoiding this for a month?".