End of renting contract and section 21

MeGuinness

hi guys wondering if you can help , been renting for past 3 years a property ,£1800 per month, when was time to renew the contract ending September 30th 2024 due to changing of circumstances i didn't pass the rent affordability check only because i was  £5k short from the £55k annual income requested. 
Got served section 21 asking me to leave by the 7th October 2024.... and yes we will....but then asked me to pay a full month rent mentioning that now the contract that ended on the 30th September as become a rolling month contract and that i will get a refund from  the date that i will be leaving ,,,the 8th October 2024. Then as well they now asking £1900 for the monthly rent payment instead of the £1800 that i been paid until now under the contract that as ended.
my question is ...do i by the law need to pay the month rent and get a refund after i leave when section 21 date of leaving is a week after the annual contract as ended...and  can they suddenly increase the rent without me signing anything while me and 2x kids are packing and getting ready to move out by the 7th October as requested in section 21? thanx?  

Mr.Generous

They would have to notify you using the correct form for a rent increase and give notice unless ... 1 it's in the contract stipulated what and when it will rise, or 2 you agree to it.

No way I'd pay a month, as a Landlord I'd expect pro rata payment for the proportion of the month. Divide the annual rent by 365 and multiply by the number of days you will be there. Again unless your contract states you have to pay a full month even when served notice, if it does I'd still not do so, and argue it comes under unfair terms of contract - they gave you notice and want you to pay for a full month? No chance.

theartfullodger

You don't have to leave.  You have every right to stay (on current contract) from the same  Act as gives landlord right to serve s21 . Thatcher's 1988 Housing Act. A s21 (many are invalid) does to end tenancy nor compel tenant to leave.

To check if s21 is valid
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid?gad_source=1&gclid=Cj0KCQjwu-63BhC9ARIsAMMTLXQ8JSZkbfDvAyA4xY7kV-_6S5n6kQTuLcTfNQzTw21jPuyQV8ktj1YaAoaHEALw_wc
&
https://nearlylegal.co.uk/section-21-flowchart/

Good luck & best wishes 

doodling

Hi,

When did you serve notice?  I don't see you mentioning that you have? Rent is due until your notice expires which is presumably one (or maybe two depending on your contract) months after you have served it.

A S21 is NOT notice of the end of the tenancy.  If you have been served a S21 and want to leave then you need to serve your own notice.

Having said all of that, a sensible landlord, having issued a S21 should be amenable to agreeing a shorter notice period than required by the contract and appropriate proportional payment of the rent.  (They are after all wanting you to.leave so you doing it sooner should be a positive thing for them).  Note that not all landlords are sensible however.

You need to agree (in writing) with the landlord when the tenancy will end, when rent will be paid until (if different) and the amount of rent to be paid.  I wouldn't agree to an arrangement where you pay money which is then refunded to you later.

silvercar

Seems rather unfair to evict a tenant who has been paying the rent on time and in full for the last 3 years just because they are slightly short on an affordability check. I’m surprised a landlord is redoing an affordability check on an existing tenant!

You could have left on 30 September, at the end of your fixed term with no notice. You can comply with the S21 and leave with no notice by 7 September. Any other date requires you to give notice or your landlord to agree. As for rent between 1-7 October, just calculate what it should be based on £1800 a month and pay that. 

To increase the rent , the landlord either needs to give you a new fixed contract, issue a S13 notice with correct notice or reach agreement with you. He has done none of those things, so the £1800 still stands.

saajan_12

MeGuinness said:

hi guys wondering if you can help , been renting for past 3 years a property ,£1800 per month, when was time to renew the contract ending September 30th 2024 due to changing of circumstances i didn't pass the rent affordability check only because i was  £5k short from the £55k annual income requested. 

Seems crazy to even re-reference, they've seen you pay rent every month in time every month. 

MeGuinness said:

Got served section 21 asking me to leave by the 7th October 2024.... and yes we will....but then asked me to pay a full month rent mentioning that now the contract that ended on the 30th September as become a rolling month contract and that i will get a refund from  the date that i will be leaving ,,,the 8th October 2024. 
...
my question is ...do i by the law need to pay the month rent and get a refund after i leave when section 21 date of leaving is a week after the annual contract as ended...

Well the reason is you may not leave on 7th Oct and might wait until a court. From the deregulation act, they do have to refund pro-rata if you leave at the end of the notice, but until that point strictly you are supposed to pay rent as usual. 
In practice there will be little they can do if you simply pay 7 days worth of rent and leave within that time. 

MeGuinness said:

 Then as well they now asking £1900 for the monthly rent payment instead of the £1800 that i been paid until now under the contract that as ended.
and  can they suddenly increase the rent without me signing anything while me and 2x kids are packing and getting ready to move out by the 7th October as requested in section 21? thanx?  

If they've just asked for it informally, you can decline. They could serve a S13 notice, which you could also dispute.. or they could negotiate and get you to agree to something. Given the short timeframe left, I'd just stall and hope they don't figure out the notice in time.