Didn't receive Section 13 Notice and now landlord is trying to claim arrears

k33vs

Hello, 

I'm hoping I can get some clarity on where I currently stand and how I need to proceed, waiting on a citizens advice apointment as well but thought someone on here might have dealt with a similar situation or at least have some advice!

In October '24 I received an email from the letting agent saying the rent was going to be put up in November, and that the section 13 was *going to be sent*. I want to be clear that I am not disputing the new rental price, and have made this clear to the letting agent as well. November came and I didn't receive the notice, so reached out asking for it to be sent. I was told that it *would be sent* and the pay the new price, so I did. December comes and I still havent received the notice, so again reached out and was again told that it *would* be sent and to pay the new price. I paid again, but still didn't receive the notice.

I chased them several times in January asking for the notice, I was told to "check my email within 20 mins" or else "I will arrange for this to be sent sometime tomorrow", yet I still did not receive any notice, and made this clear to them. As I had no formal communication of the increased rental price, I did not pay the increased amount in January and sent them the original amount. I chased again for the notice in Feburary, and was told that I would receive a copy via email that did not arrive. I chased again and was told they would send a signable copy, which again did not arrive, so I paid the old price.  

In March I chased again, but they responded saying that the notice *had already been sent* back in October when they sent the original email. This is the first time they told me that they had already sent it, as previously it was always it 'will' be sent. I asked for proof of postage which they said they didn't have, instead they finally sent a copy via email. As I received the notice in March, I told them I would happilly pay the new price in April. They have now put arrears on my account and are threatening an eviction notice if I don't pay them. 

As said, I'm not sure where I currently stand and if I am obliged to pay the arrears or not? 

Thanks in advance! 

theartfullodger

Tricky.  Notices just have to be served rather than received (by the person) or read. 

So if he sent it & (say) the dog ate it it's valid (IMHO - up to judge to decide, not decided by agent or landlord)

In your shoes I calmly & politely ask for proof of service. Until I got that I would simple pay the old amount, but then I can afford to gamble..

Landlord/agent could sue for unpaid rent - if they ain't got evidence suspect they won't win.

I'm a greedy landlord by the way.

Remember that to be a lettings agent in England requires no qualifications, no training, no criminal records check.  

Other countries do these things better: Come on england, catch up!

Would you need a reference?? (Life ain't fair..)

ripplyuk

I think the problem is that you paid the new price in Nov and Dec, thereby implying you accepted it. 

silvercar

ripplyuk said:

I think the problem is that you paid the new price in Nov and Dec, thereby implying you accepted it. 

This ^^^. You've paid the increased rent, so accepted the increase. There is no requirement to serve a section 13 if the tenant agrees to the rent increase.

Uriziel

Why do you expect them to send you a notice if you paid the new higher rent? Obviously this means that they are happy with you accepting and have no need to send you a notice irrelevant of whether you ask for it or not. As the guy above said I don't think you have any position legally because you paid the higher price and you also keep asking them for a notice. You should have simply kept paying the old rent and informed them that you will not accept the increase and then wait for the notice instead of frequently asking them for it.

saajan_12

Tricky.. 
The communicated an increase and you paid it so you accepted it back in Nov. 

Then they indicate that there is further paperwork coming which might indicate that its not fully agreed.

The argument is tenuous at best, you could try your luck but I wouldn't let it get to court and risk further costs. 

chrisw

silvercar said:

ripplyuk said:

I think the problem is that you paid the new price in Nov and Dec, thereby implying you accepted it. 

This ^^^. You've paid the increased rent, so accepted the increase. There is no requirement to serve a section 13 if the tenant agrees to the rent increase.

Yep. By paying the new rent for 2 months you are deemed to have accepted it. The S13 notice is not now necessary, so only paying the original rent now will effectively put you into arrears. 

FlorayG

Landlord here - when I do a rent increase it starts with informal notice by email (and personal visit, but that's just me, I hate having to increase rent, the least I can do is speak to them directly); if the tenant pays the increased amount next month they have accepted it and the increased amount becomes the new rent. I've never sent a S13 because it's not necessary if the tenant accepts the increase. Paying the increased amount constitutes acceptance.
The agent clearly is rubbish at their job, but you do owe the arrears, sorry

FlorayG

theartfullodger said:

Tricky.  Notices just have to be served rather than received (by the person) or read. 



Landlord/agent could sue for unpaid rent - if they ain't got evidence suspect they won't win.

I'm a greedy landlord by the way.

Its not like you to be wrong @theartfullodger but I think you missed the bit where the OP says they paid the increased rent for two months then reverted to the previous rent amount

TripleH

Silly question, but can you contact the landlord direct and explain with evidence?

The last time we rented, the agents were less useful than a petrol soaked rag to fight a wildfire. They brought up issues that the landlord was unaware of.

If you go direct to landlord with a cheque for arrears (assuming you still have a cheque), you can sort this quickly and efficiently.

With a charlatan in the middle, the agent probably can't remember who they've lied to at this stage and why.