landlord seeking me to vacate

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    No a promise of no rent increase until Jun 12 does not alter your SPT provisions ie LL valid s21 2 month notice to seek repo
    AFAIK LL cannot increase rent within 12 months of last rent determination and then only by service of a s13 Notice

    Comment


      #32
      Originally posted by pisceanuk View Post
      I have received section 13 notice. What are my options ? apart from RAC. What all can and cannot the landlord do ? I am seriously intending to make a claim in the court if possible or oppose one as I find it very unfair and would want the court to decide. Does the county court regularly award costs to the winning side in tenancy matters ? thanks in advance for the replies.
      Is the section 13 notice valid? This is the wording it should contain..

      Comment


        #33
        Thanks. It seems to be valid. What next ?

        Comment


          #34
          Can the landlord's not sticking to his promise by denying having made one be challenged under the Misrepresentation Act 1967 ? I agreed to pay more rents since last year only because he promised me no rent increase until June 2012.

          Originally posted by pisceanuk View Post
          You think the rent assessment committee will find it fair ? is that what you are saying ? will the rent assessment committee consider what LL gave me in writing about no rent increase until June 2012 ?

          Last year rent increase was done without a section 13 and it is more than 52 weeks since then, I agreed to pay the increase last year only because of LL promise that there won't be any further increase until June 2012.

          -------------------------------------------------------------
          The section 13 notice will have details of how you can ask a Rent Assesment Committee to decide if the new rent is fair. Your landlord proposes to increase your rent to the LHA rate, which is the 30th percentile of rents for similar properties in your area. That means that even with an increase your rent wil be cheaper than 70% of similar properties. I suspect a RAC would find that fair.

          When your rent was increased last year, was it done by a section 13 notice or mutual agreement? If the former, you should bear in mind that section 13 can not be used more frequently than every 52 weeks.

          Comment


            #35
            interesting cases

            ...http://www.wragge.com/analysis_2955.asp

            http://www.lawgazette.co.uk/in-pract...etary-estoppel

            The application of proprietary estoppel to landlord and tenant relationships is well established as is its potential application to residential tenancies {Holmes v South Yorkshire Police Authority, [2008] EWCA Civ 51, Bruton v London and Quadrant Housing Trust, [2000] 1 AC 406}.
            A slightly different issue arises for tenants, who have spent time and money renovating properties subject to an assured shorthold tenancy in reliance on a promised security of tenure. Those tenants might also successfully defend the landlords’ possession claims by establishing that the component elements of proprietary estoppel have been satisfied.
            We can now formulate the following three principles which apply to proprietary estoppel. The assurance must be certain, but this certainty can be found in silence, provided that the surrounding circumstances support such a belief. Reading of appellate decisions shows that the most common failing of judges at first instance is to treat estoppel as something akin to a contract and to seek similar contractual elements. Estoppel does not require an irrevocable promise. It is the other party’s detrimental reliance on the promise which makes it irrevocable. Nor is a mutuality of understanding required. The key element is encouraging detriment. It is not even necessary that the promise was made knowingly. Estoppel requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to deny that which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment.
            The second point is in relation to the detriment. It can take many forms. The Court of Appeal in Gillett v Holt stated the following.
            ‘The authorities... show that [detriment] is not a narrow or technical concept. The detriment need not consist of the expenditure of money or other quantifiable financial detriment, so long as it is substantial. The requirement must be approached as part of a broad enquiry as to whether repudiation of an assurance is or is not unconscionable in all the circumstances’.
            A strict financial measure of the detriment is not required.
            Third, the key to understanding proprietary estoppel is understanding the relief. The relief is an interest in land. The general rule is that the expectation is the maximum extent of the equity. Therefore if the expectation circumscribes the relief the court awards.

            http://www.stubblegal.co.uk/scripts/9Pro06.htm

            Comment


              #36
              Is section 13 valid without the deposit being protected with DPS ?

              Comment


                #37
                Originally posted by pisceanuk View Post
                Is section 13 valid without the deposit being protected with DPS ?
                Yes it is.

                Comment


                  #38
                  I have checked the land registry, the name of the owner is different than the name of the landlord mentioned on the tenancy agreement who may have signed..and the persons i have been interacting with were different from the one whose name was mentioned on the agreement..none of them are real estate agents..does all this matter ?

                  Comment


                    #39
                    The landlord does not have to be the owner - it is usual but not essential.

                    The landlord can use whoever he wants as an agent. You would be wise though to check that the agent does act with the landlords authority. Agents need no qualifications, registration or minimal experience levels.

                    Comment


                      #40
                      Okay, thanks.

                      Comment


                        #41
                        If i write to the rent assessment committee before the rent increase will i have to still pay the new rent or should continue to pay old rent and wait for RAC decision ?

                        Comment


                          #42
                          Pay the current rent, the RaC will backdate any adjustment - so worth saving the disputed amount. If the RaC decide in your favour, you'll have a little nest-egg, if not, paying the back-rent won't be a problem.

                          Comment


                            #43
                            thanks Snokerz

                            Comment


                              #44
                              Hi Snokerz,

                              I checked similar properties and the rent increase the LL mentioned in Sec 13 is far more than the market rents are for similar properties. If I make the complaint to RAC will I have to do so before paying the new rent or within 28 days of when the notice was served ? should I serve copies of the complaint to RAC to LL ?

                              Thanks in advance.

                              Comment


                                #45
                                Originally posted by pisceanuk View Post
                                Hi Snokerz,

                                I checked similar properties and the rent increase the LL mentioned in Sec 13 is far more than the market rents are for similar properties. If I make the complaint to RAC will I have to do so before paying the new rent or within 28 days of when the notice was served ? should I serve copies of the complaint to RAC to LL as well at the sametime or can do so a few days later ?

                                Thanks in advance.
                                See part 6 of the s13 notice. You must apply to the RAC before the date the new rent is first due. If you send a copy to the RaC and the landlord at the same time, then no one can have any complaints. Obviously, get a free proof of posting for both.

                                Comment

                                Latest Activity

                                Collapse

                                • Reply to Is my estate agent misleading me?
                                  by jpkeates
                                  The problem is that the agent isn't bound by the tenancy agreement, and what they do with the deposit depends on their agreement with you.

                                  As you can't do anything with the deposit anyway, because it's the company's money and they don't agree that you can have any of it, it's a bit academic...
                                  19-05-2022, 15:57 PM
                                • Is my estate agent misleading me?
                                  by abimsalabim
                                  I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
                                  18-05-2022, 14:15 PM
                                • Reply to What to do if joint tenants separate or divorce
                                  by jpkeates
                                  If the tenancy is joint and several, and it's in a periodic tenancy, one tenant can serve notice and that ends the tenancy for both of them. So you don't have to serve notice on anyone if you don't want to.
                                  That bit is simple.

                                  The issue you will then face is that neither of them or...
                                  19-05-2022, 15:51 PM
                                • What to do if joint tenants separate or divorce
                                  by HMOmike
                                  I have a house rented on a standard AST to the same tenant since 2016. He has rented at other properties of mine on a single room basis for maybe 10 years prior and is a decent guy and very reliable. He is a Latvian and in 2017 he married a lady from Ukraine. He adopted his wife’s son and all 3 have...
                                  19-05-2022, 15:35 PM
                                • Reply to Is my estate agent misleading me?
                                  by abimsalabim
                                  The tenant agreement states that the Landlord should hold onto the deposit until the dispute is resolved but, the agent is disputing this, claiming that they are the ones to hold onto the deposit as part of their Full Management Service...
                                  19-05-2022, 15:31 PM
                                • Reply to Advice for tenant and section 8 counter claim
                                  by theartfullodger
                                  Sorry to read your story:

                                  What can be used to get judge to reduce alleged arrears (thus maybe chucking case out) if pointing out all the repairs the landlord should have made , assigning a value to them, and thus judge reduces "arrears|" by that amount. See from the experts......
                                  19-05-2022, 15:29 PM
                                • Advice for tenant and section 8 counter claim
                                  by Forgetmeknot
                                  I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
                                  so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
                                  18-05-2022, 16:30 PM
                                • Reply to Advice for tenant asked for big rent rise
                                  by mokka
                                  I personally gave a landlord a Royal Mail PO Box for any further correspondence wanting to keep my new house purchase address private. I personally wouldn’t like tenants knowing my home address from a landlord perspective....
                                  19-05-2022, 15:19 PM
                                • Advice for tenant asked for big rent rise
                                  by Renterthedragon
                                  I’m a tenant facing a sharp rent increase and in need of advice.

                                  I have a good landlord who agreed to a rent reduction last year because of ongoing maintenance issues and lower market values. However, I can only communicate with them through an agency.

                                  Approaching the end...
                                  18-05-2022, 22:10 PM
                                • Reply to Advice for tenant and section 8 counter claim
                                  by AnilK
                                  Most of the above answers I agree with. I can add my experience as I am going through the Section 8 claim right now and seen 10 page defence and counter claims from expensive solicitor.

                                  Though solicitor added one line of stress/harassment, but never highlighted. He says it is different...
                                  19-05-2022, 14:39 PM
                                Working...
                                X