Rent increases after Section 21?

SpikeyKitten

Hello everyone,

I've recently been asked to leave my long-term rental and have been issued the S21. I actually posted here about it here and received some good advice. In brief, the situation is: I can't afford to move out. I can afford my current reasonable rent, but not what is being asked for on the market now for equivalent including deposits etc.

I realise I have to move out. And will do so when physically evicted by a court-appointed bailiff. Whilst continuing to pay my rent in full as normal for as long as I'm there. With the logic being that the longer I can stay, the closer it could be to summer next year when homelessness won't be as unbearable as winter. I'll likely convert a van to live in, but that's another story...

A few posters on my initial post suggested I level with my landlord as he appeared to be reasonable. Which would obviously be a good thing both out of courtesy, but also to give him the opportunity to offer any solutions that he might be able to provide, such as extending the notice, or even offering a financial incentive to enable me to move on quicker so he can get control of the property sooner.

Well I tried this and the response has not been favourable. He was not happy. A bit of ranting/personal stuff, as If I had chosen this path purely in order to irritate him unnecessarily, followed by dark threats about how it will rubbish my credit rating and that it will 'go on my record' and so won't be able to ever rent again.
I believe him to be mistaken with this particular information, but am worried that he said he will be doubling my rent from now on. Can he do that? He knows I couldn't pay it otherwise I would already have moved on. Or is that the reason? So my credit rating gets trashed through non-payment of (the new) rent. And he can use that as a threat in the hope I move out before the increase?

pinkshoes

Are you on the local social housing waiting lists? Are you bidding on properties?

He can't just double your rent, but he is entitled to raise your rent to be in line with the market. BUT... you need to agree to it. If you don't agree, I think it's a section 13 he needs to raise. Even then, if you feel it is unfair, you can take it to a rent tribunal which is free, even if you lose.

Read through Shelter's information:
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases/periodic_tenancy

As he issued the S21? Has it expired? Has he now taken this to court? 

It shouldn't affect your credit rating if you pay all costs immediately. He can't just tell you the rent has increased and then counting this as rent arrears and debt. If you wait for bailiff eviction then you will have to pay all costs associated with this, so put some money aside. 

SpikeyKitten

pinkshoes said:

Are you on the local social housing waiting lists? Are you bidding on properties?

He can't just double your rent, but he is entitled to raise your rent to be in line with the market. BUT... you need to agree to it. If you don't agree, I think it's a section 13 he needs to raise. Even then, if you feel it is unfair, you can take it to a rent tribunal which is free, even if you lose.

Read through Shelter's information:
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases/periodic_tenancy

As he issued the S21? Has it expired? Has he now taken this to court? 

It shouldn't affect your credit rating if you pay all costs immediately. He can't just tell you the rent has increased and then counting this as rent arrears and debt. If you wait for bailiff eviction then you will have to pay all costs associated with this, so put some money aside. 

Thank you. Very helpful.

Yes, I'm on the lists, bidding on properties.
The S21 has been issued yes. Expires in about a month.

dinosaur66

its a no win situation for both of you / i am guessing the landlord has something like a 5 year fixed mortgage which he would have been paying 2% on and it has now finished  and the new current rate for a buy to let variable is 9% so a increase of 4 x plus while at the same time rents in your area have increased maybe 40% on average in those 5 years

while like lots of long term tennants the 80% of single property landlords never increased the rents yearly and now unless he increased his rent a huge ammount in one go his property is making a loss.

a rent tribunal would side with the landlord if you are paying £600 and cheapest availble like for like in your area is £1k

which seems like a scenario from your post

i know shelter /local housing advise /insist you stay put until baliffs turn up and then you have to leave / you are still paying the rent / you must do that / i know a girl who refused to pay the rent when a similar situation happened and council refused to rehome her saying she made herself deliberatly homeless , albeit that was in scotland where renting and social housing law is different than uk.

as you have been advised by a previous poster the rent tribuneral is free for tennant  /the landlord cannnot double your rent no matter what he has threatned / i do not know about credit scoring in this situaton / and my understanding of local councils in this situation is you will have to accept the first property they will offer .

silvercar

If the landlord issues a section 13 notice, you can refer to a rent tribunal. Chances are the rent will increase to market rates, if this is not affordable to you and you incur rent arrears your landlord can evict you on the grounds of rent arrears much quicker than a section 21 may take. 

FlorayG

You are stuck and I really feel for you ( I'm a landlord)
He probably is paying a much higher mortgage than previously and wants to get market rent; if he makes an increase via Section 13 and it's only to market rates then he's entitled to do so
Has he given a reason for wanting you out? Does he intend to re-let it? I'm wondering if you can come to an agreement of some sort that will mitigate his decision.
Also, if the rent becomes more than you can afford the council may have a fund to subsidise you for a few months while you look elsewhere. One of my tenants is getting this while she bids for social housing, so we are both happy at the moment. Council don't want her homeless because then she would be put in a hotel at their expense, costing them as much per week as she now pays me per month.

KittenChops

SpikeyKitten said:

Hello everyone,

I've recently been asked to leave my long-term rental and have been issued the S21. I actually posted here about it here and received some good advice. In brief, the situation is: I can't afford to move out. I can afford my current reasonable rent, but not what is being asked for on the market now for equivalent including deposits etc.

I realise I have to move out. And will do so when physically evicted by a court-appointed bailiff. Whilst continuing to pay my rent in full as normal for as long as I'm there. With the logic being that the longer I can stay, the closer it could be to summer next year when homelessness won't be as unbearable as winter. I'll likely convert a van to live in, but that's another story...

A few posters on my initial post suggested I level with my landlord as he appeared to be reasonable. Which would obviously be a good thing both out of courtesy, but also to give him the opportunity to offer any solutions that he might be able to provide, such as extending the notice, or even offering a financial incentive to enable me to move on quicker so he can get control of the property sooner.

Well I tried this and the response has not been favourable. He was not happy. A bit of ranting/personal stuff, as If I had chosen this path purely in order to irritate him unnecessarily, followed by dark threats about how it will rubbish my credit rating and that it will 'go on my record' and so won't be able to ever rent again.
I believe him to be mistaken with this particular information, but am worried that he said he will be doubling my rent from now on. Can he do that? He knows I couldn't pay it otherwise I would already have moved on. Or is that the reason? So my credit rating gets trashed through non-payment of (the new) rent. And he can use that as a threat in the hope I move out before the increase?

re the bit I've bolded - the only situation (as far as I am aware) where your rent can be doubled is if you served valid notice then didn't leave

silvercar

KittenChops said:

SpikeyKitten said:

Hello everyone,

I've recently been asked to leave my long-term rental and have been issued the S21. I actually posted here about it here and received some good advice. In brief, the situation is: I can't afford to move out. I can afford my current reasonable rent, but not what is being asked for on the market now for equivalent including deposits etc.

I realise I have to move out. And will do so when physically evicted by a court-appointed bailiff. Whilst continuing to pay my rent in full as normal for as long as I'm there. With the logic being that the longer I can stay, the closer it could be to summer next year when homelessness won't be as unbearable as winter. I'll likely convert a van to live in, but that's another story...

A few posters on my initial post suggested I level with my landlord as he appeared to be reasonable. Which would obviously be a good thing both out of courtesy, but also to give him the opportunity to offer any solutions that he might be able to provide, such as extending the notice, or even offering a financial incentive to enable me to move on quicker so he can get control of the property sooner.

Well I tried this and the response has not been favourable. He was not happy. A bit of ranting/personal stuff, as If I had chosen this path purely in order to irritate him unnecessarily, followed by dark threats about how it will rubbish my credit rating and that it will 'go on my record' and so won't be able to ever rent again.
I believe him to be mistaken with this particular information, but am worried that he said he will be doubling my rent from now on. Can he do that? He knows I couldn't pay it otherwise I would already have moved on. Or is that the reason? So my credit rating gets trashed through non-payment of (the new) rent. And he can use that as a threat in the hope I move out before the increase?

re the bit I've bolded - the only situation (as far as I am aware) where your rent can be doubled is if you served valid notice then didn't leave

Or if he served a valid section 13 notice to increase the rent. Then the tenant has the right to refer it to the rent officer for assessment. But if the market rent is double the current rent, there is every chance that the rent will increase to the market level.

KittenChops

silvercar said:

KittenChops said:

SpikeyKitten said:

Hello everyone,

I've recently been asked to leave my long-term rental and have been issued the S21. I actually posted here about it here and received some good advice. In brief, the situation is: I can't afford to move out. I can afford my current reasonable rent, but not what is being asked for on the market now for equivalent including deposits etc.

I realise I have to move out. And will do so when physically evicted by a court-appointed bailiff. Whilst continuing to pay my rent in full as normal for as long as I'm there. With the logic being that the longer I can stay, the closer it could be to summer next year when homelessness won't be as unbearable as winter. I'll likely convert a van to live in, but that's another story...

A few posters on my initial post suggested I level with my landlord as he appeared to be reasonable. Which would obviously be a good thing both out of courtesy, but also to give him the opportunity to offer any solutions that he might be able to provide, such as extending the notice, or even offering a financial incentive to enable me to move on quicker so he can get control of the property sooner.

Well I tried this and the response has not been favourable. He was not happy. A bit of ranting/personal stuff, as If I had chosen this path purely in order to irritate him unnecessarily, followed by dark threats about how it will rubbish my credit rating and that it will 'go on my record' and so won't be able to ever rent again.
I believe him to be mistaken with this particular information, but am worried that he said he will be doubling my rent from now on. Can he do that? He knows I couldn't pay it otherwise I would already have moved on. Or is that the reason? So my credit rating gets trashed through non-payment of (the new) rent. And he can use that as a threat in the hope I move out before the increase?

re the bit I've bolded - the only situation (as far as I am aware) where your rent can be doubled is if you served valid notice then didn't leave

Or if he served a valid section 13 notice to increase the rent. Then the tenant has the right to refer it to the rent officer for assessment. But if the market rent is double the current rent, there is every chance that the rent will increase to the market level.

Yes - I'd thought of that - but also thought it unlikely that the landlord is proposing that the new rent should be double the old rent
(I think it's more likely that he's had a google and misinterpreted the information he found to his benefit)

SpikeyKitten

Thanks everyone,

Hoping there's some time frame to a Section 13 and that it can't just be doubled instantly. I may only need to stay a few months past the S21 to get to spring/early summer. What's the usual timeframe for getting possession from a court after a S21 has lapsed.

Bookworm105

SpikeyKitten said:

Thanks everyone,

Hoping there's some time frame to a Section 13 and that it can't just be doubled instantly. I may only need to stay a few months past the S21 to get to spring/early summer. What's the usual timeframe for getting possession from a court after a S21 has lapsed.

research S13 yourself? 
Section 13 rent increase notices - Shelter England

depends on the waiting time of the courts and/or bailiffs in your area:
Evicting tenants in England: Accelerated possession orders - GOV.UK

The Court Eviction Process Explained

How Long Does It Take To Evict A Tenant - Sandra Davidson