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Landlord/agents trying to push me onto a fixed term tenancy along with rent increase and £150 admin

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Comments

  • cashmonger
    cashmonger Posts: 411 Forumite
    edited 16 April 2019 at 5:43PM
    Thanks. Ye next time I rent I am looking to definitely go with openrent so then you are dealing with the landlord directly and get rid of these cretins completely.

    So is it the case that if I ignore then I would get a formal letter for a rent increase and not the section 21 right away? Since I already said I was happy about living here (that was before they hit me with rent increase and admin fee and 12 month contract) so they would be wanting to get me to stay rather than thinking I want to leave if I give them silence right? so the the official rent letter would be their first port of call?

    But if they were 'trying it on' they might just drop it? I guess I will just give radio silence for now and see what their next responses are.
    daphnemoon wrote: »
    We're in the same situation!!

    It's so difficult to find out the specific information, especially with the fear that paying the increase in rent will form a new agreement and tie you in.

    I am led to believe though that just paying the new amount will not tie you into a new contract and you can wait until the LA provides you with a formal ‘Landlord’s notice proposing a new rent’ form.

    The best, and clearest advice regarding our situation I have come across (after hours of searching!) is this link -

    https://www.gov.uk/private-renting/rent-increases

    I think this will be happening a lot in the next few weeks as the new laws commence in June. At least there's people on here that understand the worry of the situation and genuinly try to help us all though!!

    All the best with it.
  • cashmonger
    cashmonger Posts: 411 Forumite
    KK14 wrote: »
    It seems like letting agents are trying it on. This is what mine tried to do. My 12 month fixed term ends in April this year & they wanted me to sign up to another 12 months. They started on me about this in January this year!!
    I asked them what the rush was & that I wanted to go onto a rolling contract & avoid paying the 12 month fee.
    I didn’t want to go into a fixed contract period as despite being happy living here, my mum was at late stage dementia & sadly went into hospital & didn’t make it out again, a few weeks ago. I’m now nearly at the point of selling her bungalow & will be able to buy a house.
    Don’t let them bully you!

    You didn't mention how you resolved the situation?
  • daphnemoon
    daphnemoon Posts: 79 Forumite
    First Anniversary First Post Combo Breaker
    edited 16 April 2019 at 7:42PM
    I think the LL/LA can serve a Section 21 at any point they want on a Periodic Tenancy. So fight too hard and they can serve you 2 months notice, as they could at any point going forward unless you sign for the new fixed term.

    So we are just going to contact the LA and explain the financial difficulties the increase will put us into and hope for the best that they don't give us notice to leave!

    We were tempted to fight the increase but have thought that its better for all to co-operate in the hopes they may lower the increase for us.

    Wish you all the best!
    I wish I knew more than I do!! :)
  • cashmonger
    cashmonger Posts: 411 Forumite
    You gave in then.

    Why don't you contact the landlord directly to check the LA weren't having you over instead? as others have suggested above.

    That is not going to 'rock the boat' and will ensure it isn't just the LA trying to rip you off. I think I will do that in a while if the LA badgers me again with another email.
  • cashmonger
    cashmonger Posts: 411 Forumite
    Guys I just looked through my papers and the letter I received from the letting agents did not give any address for the new landlord, only their name, and that I should contact the agents for any correspondence including for the serving on notices.

    I thought by law you are supposed to have an address for the landlord?

    I looked through the AST which I downloaded from the website as well and it only shows the details of the original owners (which were the property builders).

    I was thinking I would contact the landlord directly if I was pestered again by email but I can't now if the agent didn't provide their address can I. Or should I tell the agents directly that I am not paying the admin fee and that they can section 21 me if they want but I will negotiate a rent increase after June 1 (since I imagine they would have to pass that on to the LL? and the LL wouldn't want the fees of section 21 and wouldn't mind me just waiting till after June 1 for negotiation.)
  • cashmonger
    cashmonger Posts: 411 Forumite
    I probably need to say something soon or later don't I?

    The LA email me yet again today asking for my mobile number. I don't see why they need this all of a sudden. Maybe they want to try the hard sell over the phone?

    Anyway I would not answer to them as I like to keep written evidence of all correspondence with these bloodsuckers.

    If I do decide I would like to say I don't want the landlord to think I am a troublesome; but the LA are the gatekeepers and do not want me to contact the landlord directly I bet because it could compromise their position.

    Should I tell the letting agents direct that I am not going to pay their fees? and they should pass that to the landlord and I will discuss rent after June 1. Can they be trusted though to give the message as I stated it?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    cashmonger wrote: »
    .... the letter I received from the letting agents did not give any address for the new landlord, only their name, see my Q below and that I should contact the agents for any correspondence including for the serving on notices.
    So they have complied with the Landlord and Tenant Act 1987 S48 which requires the landlord to give you AN address in Eng/Wales for serving notices.

    I thought by law you are supposed to have an address for the landlord?
    Yes - provided you ask for it, in writing:
    Landlord & Tenant Act 1985 S1

    I looked through the AST which I downloaded from the website as well and it only shows the details of the original owners (which were the property builders).
    so is this the same name as above? What name is given for the landlord on the tenancy agreement you signed?

    I was thinking I would contact the landlord directly if I was pestered again by email but I can't now if the agent didn't provide their address can I.
    See Landlord & Tenant Act 1985 Section 1.

    Or should I tell the agents directly that I am not paying the admin fee and that they can section 21 me if they want
    why tell them anything? What purpose will it serve?

    but I will negotiate a rent increase after June 1 (since I imagine they would have to pass that on to the LL? and the LL wouldn't want the fees of section 21 and wouldn't mind me just waiting till after June 1 for negotiation.)
    .........................................................................................................
  • cashmonger
    cashmonger Posts: 411 Forumite
    G_M wrote: »
    So they have complied with the Landlord and Tenant Act 1987 S48 which requires the landlord to give you AN address in Eng/Wales for serving notices.

    Well they provided an address which was only the letting agents address and in the sentence it specifically states that that is the address which should be used for serving notices.
    G_M wrote: »
    so is this the same name as above? What name is given for the landlord on the tenancy agreement you signed?

    No, I just looked and the contract they have is the original contract with the company who built the place. So I signed the original contract with them when I moved in, they sold the place within like 3 months however I didn't sign anything else with the new landlord or the new letting agent and they have just uploaded the original AST.

    So maybe that is a legitimate reason why the Landlord wants a new contract since I have never actually had a contract with them.
    G_M wrote: »
    why tell them anything? What purpose will it serve?

    Because I don't want to seem uncooperative to the landlord? or you mean I could contact the landlord directly and have no dealings with the agent? provided I got their address.

    I think it is not good to 'just ignore' all communication with the agent as some others suggested. That would be fine if I could contact the landlord directly but I don't have a means to do so right now so the LA could spin any yarn about why I were not responding to them if they wanted.
  • stator
    stator Posts: 7,441 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    It's better to not engage with them, they will use tactics to manipulate you into doing what they want.


    If they send you an e-mail, you can reply with something non-comittal if you want but don't engage with them.



    You don't have to reply to their questions or requests. Just stick to your guns and ignore anything irrelevant.
    Changing the world, one sarcastic comment at a time.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    cashmonger wrote: »
    Well they provided an address which was only the letting agents address and in the sentence it specifically states that that is the address which should be used for serving notices.
    Read the Act!
    They have complied.

    No, I just looked and the contract they have is the original contract with the company who built the place.
    This is unclear to me.
    This contract is between you as tenant and the company as landlord?

    So I signed the original contract with them when I moved in, they sold the place within like 3 months however I didn't sign anything else with the new landlord or the new letting agent and they have just uploaded the original AST.
    So 3 months later the property was sold.
    * your tenancy was unaffected by the sale, other than that you had a new landlord.
    * no new tenancy agreement was needed - your previous one continued on exactly the same terms
    * but did the landlord comply with section 3 of Landlord & Tenant Act 1985 ?? If not: criminal offence.

    So maybe that is a legitimate reason why the Landlord wants a new contract since I have never actually had a contract with them.
    No. Your original tenancy continues with a new landlord.

    Because I don't want to seem uncooperative to the landlord? or you mean I could contact the landlord directly and have no dealings with the agent? provided I got their address.
    that is an option.

    Or just go periodic.

    ................................................................................................
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