Rent increase after Notice 21

[Droxi]

I apologize if the message doesn't sound very professional. On October 1, I received Notice 21 (on the grounds that Landlord wants to sell the house). Since the summer with Coronavirus crisis, I agreed with him to pay lessrent, without anu problems from him. (for a total of 4 months, I paid him 30% less).
The day I received the eviction order (before that I had no idea what he was planning), he started insisting on coming up with potential viewers. We politely asked him to let us get used to the situation so we could find a new accommodation. I sent him a letter in which we tell him that if he insists on entering without giving our consent, he can be accused of harassment (he said that he has the key to the house and can enter at any time). I think that upset him, because after a few weeks I received a section 13 with a 27% increase. I tried to negotiate with him, I assured him that we will pay the money that we owen him.
When I received the eviction order I tried to negotiate a new contract, but he said he didn't want to because he simply wants to sell. Before Section 13, he sent me countless messages asking me to sign a new contract, but without mentioning which contract it was. A few days before Section 13 asked me to sign a 6-month contract with a rent increase of 20%. I told him I couldn't sign this contract.
He sent us contradictory messages: or he was selling the house, or he wanted a new contract. And he never came to talk openly about the situation we are in.
My question is if, given that I have few more months to live in his house and did not want to negotiate in the current crisis conditions, he can ask for the rent increase. I don't want anyone to blame me, I'm not making accusations ... but it seems to be just revenge. And we think he is trying by all means to make us leave earlier. We just wanted peace and quiet to find a new accomodation. And the current situation is too bad, and with Christmas coming and few properties on the market, it's very stressful. We also been informed that Landlord is not licensed, and the deposit was not protected to any of the 3 agencies. Where do we stand now, because I am totally aware that I could be evicted with a court order. Thank you in advance for you response.

[Grim]

Hi Droxi

From your mail it would seem the landlord has initially been very reasonable in agreeing to accept a reduced rent then perhaps realiased that the costs and returns just don't make renting to you viable . There would seem to be a mismatch in terms of goodwill , the landlord has accepted a clear reduction in rent that he isn't forced to do but when he's asked you for some flexbility you insist upon following the law rigidly . I'm guessing this is what happens when you push the landlord beyond his breaking point , he's clearly decided you aren't worth having as tenants, I'm sure you will be able to argue and demand a payment from the landlord if he hasn't protected the deposit , something he should clearly have done , if this is the case but given his flexibility with the rent this would personally feel a little harsh, and not something I would do. My advice would be to try and have an open honest discussion with your landlord , if you still want to live there try and establish whether they really intend to sell or if they just want rid of you , and if thats the case try and get the relationship on a more friendly equitable footing perhaps offer to repay some of the original reduced rent back as a compromise against a significnt rent increase . If however you do end up moving on , personally I'd try to do this in the most reasonable way possible , you may need a reference in the future and it's always good to be able to call on this guy to get one

[theartfullodger]

Welcome to LLZ

You presumably mean a "Section 21" notice?/

When you state "eviction order" do you mean the "Section 21" notice (which is not an eviction notice) or an actual court order to leave, please?

A section 21 notice, even if valid (many are not, check yours against...
https://nearlylegal.co.uk/section-21-flowchart/

)
- does not end a tenancy nor compel a tenant to leave. Only court then bailiffs can compel tenant to leave, probably 12-18 months (covid, courts shut except for WAGs) from s21 notice.

So in your shoes I'd ignore the s21 (after checking it).

IF s21 is invalid DO NOT TELL landlord/agent: That would just mean you get a valid one sooner.

[AndrewDod]

Yes the L can increase the rent,. The criterion is not the % but whether it is at ballpark market rate. If you don't like it you can either take itv to appeal (on those grounds), leave or if you have assets will likely be sued.

How does one take revenge against someone who has not been paid full rent and is then whining about it. Miserable. And then wonders why the property needs to be sold.

[theartfullodger]

Rent increases.. see..
https://england.shelter.org.uk/housi...rent_increases

Sadly some landlords and agents are fond of whining.....

[Droxi]

Thank you for all the information provided.

For 5 years I was a good tenant, paying rent on time every month. I applied for a boiler grant and a new one was installed in the house (the one that it was in the house was very old and not working), I provided Cavity Wall insulation for the house as well. And I didn't ask for a reduction in rent. But in April for 3 months I stayed home without work...and every month I paid more than 70% of the rent...for 5 months. I am not crying because he wants to increase the rent and he doesn't want to come and negotiate with us. I am crying because he is keeping us in stress...and the law states clear that I have 6 months to leave. Or maybe I didn't understand well? I wanted peace and quiet to find a new accomodation. First message from my landlord to leave the property was: "You need to vacate the property in 3 months".

[MdeB]

1. You were served S21 notice 1 October 2020, so 6-months' notice was required and the earliest that possession can be required is "after 1 April 2021" (or possibly "after 31 March 2021"). If the notice has an earlier date, then it is invalid.
2. The validity of the S13 notice needs to be considered. The conditions for a S13 notice to be valid are given in the housing Act 1988, but include:
   1. The tenancy must be a Statutory Periodic Tenancy, or
   2. The tenancy must be a periodic assured tenancy that does not include a clause for increasing the rent.
3. You can challenge the S13 notice (I think at the First Tier Tribunal)
4. You are entitled to change the locks to your property to stop the landlord coming in without your permission, but you should put back the original locks before you leave.

So, I would suggest:

1. If you can reach a mutually agreeable way forward with your LL, then do so.
   Otherwise consider the following points.
2. You pay the full currently-agreed rent each month.
3. You determine the validity of the S21 notice. (Citizens' Advice Bureau [CAB} may be able to help)
4. You look for somewhere to move to after valid S21 notice period has expired (the relationship with LL has obviously broken down).
5. You determine the validity of S13 notice (CAB may be able to help)
6. If S13 notice is valid, then consider challenge on the amount of the proposed increase (CAB may be able to advise)
   1. I believe that you do not need to pay the increase until it has been agreed by the tribunal, BUT
   2. The increase will apply from the date given in the notice (so put the money aside in case your challenge is unsuccessful)
7. You change the locks to prevent unauthorised access to your home.

[Droxi]

Thank you for all the information provided.

I challange the rent increase S13 notice applying to the Tribunal.

But yesterday, I got a messages from my LL. One is regarding the deposit that has been protected now (5 years after I paid it).
The second one is that the property will be managed by a Letting Agency from now on. He also said in this message that this is: "The agency that you signed the agreement with" ??? I don't know what he is talking about, because I didn't sign any agreement from 2016, It;s the first time when I hear about this agency. And I have a S21 notice and a S13 rent increase notice as well to deal with.

I cannot pay rent for a contract that I didn't sign and I didn't agree with. He can have an agreement without my approval?

Thank you

[Jon66]

The advice you have received from MdeB is good advice. However the most pragmatic solution may be for you to seek a suitable property and move. The fact your landlord accepted reduced rent at the time doesn't mean that was without consequences. Did you make any effort to pay back the outstanding amount when your position improved?

[theartfullodger]

As deposit protected late you can sue landlord for breaking the law for up to 3 times deposit.

Guidance on how on shelter website

Stupid Landlord. I do hope my agents are doing things right....

[Droxi]

Thank you for replying. My situation didn't improve much, but I started to pay amounts to cover arrears (which is a little more than one month rent). I don't argue that I owe him money, and not argue S21 and S13. I tried to negociate with him but he refuse anything. I was good for 5 years, made improvements to his house. He protected my deposit after 5 years and he didn't have a licence. Also, Covid is not my fault. But I didn't sign any contract, which he said I did...I am acting in accordance with the S21 and S13, and I have 6 months by law to leave the property. Is too much to ask, for 6 months to find a suitable property, without him destroying my family?

[theartfullodger]

You don;t have 6 months to leave, it's the landlord who has 6 months (from service of valid s21) to start court proceedings... you've a lot longer than 6 months. As stated earlier...

.....
A section 21 notice, even if valid (many are not, check yours against...
...
- does not end a tenancy nor compel a tenant to leave. Only court then bailiffs can compel tenant to leave, probably 12-18 months (covid, courts shut except for WAGs) from s21 notice.

....

More like 12-18 months until you get evicted from s21 service

And don;t forget, you can sue for up to 3xdeposit - see how here...

https://england.shelter.org.uk/housi...nsation_claims

As this daft landlord broke the law:

Good luck