landlord seeking me to vacate

[pisceanuk]

Dear All,

The landlord is asking me to vacate my flat in a month's time, he is saying he can get £ 200 more in rent than what I am currently paying him. The short term tenancy agreement expired last year and I am periodic tenant at present I believe.

The landlord increased the rent last year during which he promised orally and in writing that he won't increase the rent any further until next year June 2012 atleast but he is not sticking to it now.

What can I do ? the landlord is threatening me with section 21eviction and that he will go to court. I was planning to move next year after buying a mortgage place and do not intend to vacate until then.

Will I have to vacate if he goes to court ?

[jta]

Dear All,

The landlord is asking me to vacate my flat in a month's time, he is saying he can get £ 200 more in rent than what I am currently paying him. The short term tenancy agreement expired last year and I am periodic tenant at present I believe.

The landlord increased the rent last year during which he promised orally and in writing that he won't increase the rent any further until next year June 2012 atleast but he is not sticking to it now.

What can I do ? the landlord is threatening me with section 21eviction and that he will go to court. I was planning to move next year after buying a mortgage place and do not intend to vacate until then.

Will I have to vacate if he goes to court ?

If you have a statutory periodic tenancy the minimum notice the landlord can give you is two months, which must end on the last day of a statutory period. It is not a notice to quit. It allows the landlord to apply for possession through a court. Your landlord would have to apply to the court after the notice ran out, that could take anything up to six weeks or so, if you still do not move out then he would have to get bailiffs in, another 6 weeks at least.

If there is a mistake in the S21 then it would be invalid. If the deposit is not protected and you have not had the prescribed information the S21 will be invalid again.

Realistically he is not going to be able to force you until at least Christmas time.

[pisceanuk]

Thank you. My landlord is denying having received any security deposit. He did not mention about my security deposit when I signed the agreement last year and orally said that it is safe and I will get it back. He said then that he does not want to mention about it on the agreement as I will have to pay more charges for it.

Now he says he never received any security deposit and that security deposit should be 1 month rent(the desposit I paid was less than the 1 month rent). I covertly recorded these interactions earlier. Can I use the recordings in the court ? as he seems to be lying and trying to steal my deposit money.

What can I do ?

[jta]

If the landlord did not know he was being recorded then the court may not accept them as evidence.

However, there is nothing to stop you playing them back to him and just saying that you might.
Since he has not protected your deposit then he cannot issue you with a valid S21, that's the law.

I suggest that you say absolutely nothing to him at present, let him issue the invalid S21 and lose two months waiting for the expiry date. At that time you can point it out and make him start again. Keep quiet about the recording at the moment.

[Snorkerz]

Deposit... Do you have any receipts showing that you paid a months rent plus an extra amount at the start of the tenancy? If not receipts, maybe you paid by cheque or bank transfer? There is nothing that says a deposit has to be one months rent, a deposit can be any amount, but is usually less than 2 months. It is also a lie that there need be any charges to you for protecting a deposit.

There has been a recent thread on here whereby a covert recording was not accepted by the court - so don't rely too strongly on that.

So far as eviction, you don't have a long term contract, just a monthly roll-over tenancy which, as jta says, can be brought to an end by the landlord giving you a minimum of 2 months notice. This may provide clarity.. http://tenancyanswers.ucoz.com/index/being_evicted/0-21

[pisceanuk]

Thanks for your replies. But what about the landlords promise that my rent won't be increased until June 2012 as that in itself was an assurance that I can continue to stay. Is it not an estoppel or an agreement ? can't the court refuse them from using section 21 in such circumstances.

[jta]

A S21(4)(a) is a 'no fault' notice. That means it can be issued at any time after the fixed term has ended. The bit about the rent increase is a red herring.

[Snorkerz]

There's no defence to a s21 other than if the notice itself is defective. Your landlords assurance that the ren will not increase as just that, a promise that the rent wouldn't increase - nothing to do with a guarantee of tenure. Furthermore, it was an oral contract - perfectly valid but nigh on impossible to prove.

For future tenancies, because lets face it you will be negotiating a new one soon, a fixed term contract gives you the benefit of security of tenure (for the fixed term) but the disadvantage of being commited to the property for the same period. A periodic tenancy gives you much more flexibility but gives that same flexibility to the landlord. Whichever you go for, but parties get the same deal - flexibility or security - and that seems fair. There is nothing to stop you attempting to negotiate a new fixed term tenancy at the end of the original fixed term, in order to gain more security - but the landlord is under no obligation to agree. If he doesn't agree, you know that it's time to start looking for a new place.

[pisceanuk]

It was not an oral contract, I received the confirmation in writing that the rent won't increase until June 2012. I hope there is some way of proving that this becomes a contract until June 2012.
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There's no defence to a s21 other than if the notice itself is defective. Your landlords assurance that the ren will not increase as just that, a promise that the rent wouldn't increase - nothing to do with a guarantee of tenure. Furthermore, it was an oral contract - perfectly valid but nigh on impossible to prove.

[Snorkerz]

It was not an oral contract I received the confirmation in writing that the rent won't increase until June 2012. I hope there is some way of proving that this becomes a contract until June 2012.
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There's no defence to a s21 other than if the notice itself is defective. Your landlords assurance that the rent will not increase as just that, a promise that the rent wouldn't increase - nothing to do with a guarantee of tenure. Furthermore, it was an oral contract - perfectly valid but nigh on impossible to prove.

Sorry, I stick with my original assesment as enboldened above.

[Solent Watcher]

Contributors; is this not a "stick and carrot" situation? I would not trust this LL further than one could throw him and his approach, in my view, is wholly unethical. What now happens is the emotional blackmail game where LL tries to unsettle you. I strongly agree with the other contributors try and backtrack your deposit quietly, and with your LL (assuming that you are happy where you are apart from this nonsense) tell him/her that you wish no further verbal contact with him/her (very PC!!)and you want everything in writing. the Courts "love" written communciations they hate "he said""she said" "i said" etc., etc.,

LL will probably go on contacting you, may even pay a visit, but advise that you absolutely stand your ground and just say "I have nothing to discuss with you put it in writing!!" The first letter I would write, in your shoes, is a short note,(assuming your tenancy arrangements are as briefed above) stating that you are entitled to two months notice and I would say nothing further than that.

Let him/her fall into the many "poo" traps. In summary stand firm and be cool as the law is seemingly on your side!!

[pisceanuk]

After undergoing enough stress, I received a communication from the landlord and they say now that they are happy for me to continue to stay provided I pay increased rent equivalent to LHA rents and they will issue me with section 13 form. I do not know how much the increase is going to be but I find this very unfair..can they arbitrarily increase the rent ? can i object to it without being asked to vacate ?

what a world..

[pisceanuk]

I told this to the landlord when they initially informed me about section 21 that they are doing so in retaliation to my complaints to them and local authorities and cooperating with local authorities about living conditions and some of the new neighbours (living in other flats in the premises) for noise and criminal acts. I was informed by a friend that the landlord cannot evict section 21 or increase rent section 13 as a retaliation. I do not know much about it but can i make complaints or file a case on the grounds of retaliation as I have evidence for it ?

[mariner]

Despite what jta suggests LL can issue a valid s21 once any required deposit is protected in an approved scheme & reqd info provided to T. It cannot expire (become effective) until the fixed term has ended. s21 is not an eviction notice only a requirement before Court repo proceedings can be initiated. LL is not seeking to increase rent payable by OP. LL has issued a no fault s21 prior to Court repo hearing. How can retaliation be implied?

[pisceanuk]

I found the retaliation bit here..do not know if it applies in the UK http://en.wikipedia.org/wiki/Landlord_Harassment