Section 13 is this right?

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    #16
    Originally posted by Stressedoutmummy View Post
    I ...verbally agreed to pay £50 a month more rent when the rolling contract started
    Are you saying that you didn't agree?

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      #17
      Oh heck we have to give notice too? See this is why we are pissed off with it all, it sounds like you are saying if we dont give notice also we can be liable for rent even though we have moved out and the LL has possession. Am i reading that right>? Im so glad you all know about this as im sure i cant be the only one out there renting in good faith and walking into a nightmare.

      btw pissed off at the whole process not your helpful info.

      I agreed verbally to consider the rent increase assuming they would be serving a section 13 knowing that would give us at least an extra month with no rent increase. ?Hope that makes sense.

      Comment


        #18
        Originally posted by Stressedoutmummy View Post
        Oh heck we have to give notice too? See this is why we are pissed off with it all, it sounds like you are saying if we dont give notice also we can be liable for rent even though we have moved out and the LL has possession. Am i reading that right>?
        The section 21 notice does not require possession. It notifies you of a potential intention to apply for possession. Sometimes it is used as a precaution and not as a suggestion to leave. I know it sounds strange, but that is how it is. Obviously in your case it does sound like the LL indeed wants to apply for possession. So give him notice for that as soon as you know that you will indeed be leaving by then.


        Originally posted by Stressedoutmummy View Post
        I agreed verbally to consider the rent increase assuming they would be serving a section 13 knowing that would give us at least an extra month with no rent increase. ?Hope that makes sense.
        Sorry but that to me doesnt make any sense. I agreed to agree if the increase is forced on me? Sounds like an excuse.
        All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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          #19
          Thanks MSaxp

          We dont want to leave but equally dont want to be taken to court either.

          As for the rent thing, I understood it one way ie i assumed the LA would do it right by issuing the notice and i agree if its issued of course i should pay. Maybe the problem has arisen due to me stupidly thing if we do things the right way so would they. I didn't think that phone conversations were binding especially if the LA misunderstood my intentions. again my bad.

          Oh and answer to an earlier question about the Deposit, no we weren't given a terms and conditions print out just 1 sheet of paper saying its lodged with the DPS. Does it have to be printed out or can they simply tel you to look it up on the website? I dont think they told us to do this but couldn't swear to it being so long ago. x

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            #20
            Originally posted by Stressedoutmummy View Post
            Is it not what this means ?

            The Housing Act 1988 makes it possible for landlords to increase the rent after the initial fixed term by issuing the tenant with a section 13 notice.

            doesn't this mean the fixed term has to end before it can be issued>? In any case im sure they have to give a months notice which as we are a week away from the term ending would have to be served for next month.
            I am not sure where you got that quote from, however it is somebody tying to make the law easier to understand. Unfortunately, doing so can lose detail!

            In this instance, the rent could increase from the first day of an SPT (it actually says 'to take effect') it doesn't dictate when the notice van be served other than giving the rules that it must take effct at the start of a tenancy period (so not half way through the month) and he tenant must be given a months notice.

            However, it also says
            Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

            So if you agree something different, section 13 is irrelevant.

            Comment


              #21
              Originally posted by Snorkerz View Post
              In this instance, the rent could increase from the first day of an SPT (it actually says 'to take effect') it doesn't dictate when the notice van be served other than giving the rules that it must take effct at the start of a tenancy period (so not half way through the month) and he tenant must be given a months notice.
              I believe that this has been discussed before and that the consensus was that indeed a s.13 notice cannot be served during the fixed term tenancy.
              This is because s.13 only applies to periodic tenancies so service of a s.13 notice follows the same principle as service of a NTQ: It cannot be performed before the tenancy is relates to has come into existence.

              Comment


                #22
                Originally posted by Stressedoutmummy View Post
                Oh and answer to an earlier question about the Deposit, no we weren't given a terms and conditions print out just 1 sheet of paper saying its lodged with the DPS. Does it have to be printed out or can they simply tel you to look it up on the website? I dont think they told us to do this but couldn't swear to it being so long ago. x
                Yes, it all has to be printed out and given to you by the LL (he can't just tell you to look on the website). If he didn't give you all the information, then his s.21 notice is invalid. You also have a case to claim against him for non-compliance under s.214 Housing Act 2004.

                See this link.

                Comment


                  #23
                  Originally posted by jjlandlord View Post
                  I believe that this has been discussed before and that the consensus was that indeed a s.13 notice cannot be served during the fixed term tenancy.
                  This is because s.13 only applies to periodic tenancies so service of a s.13 notice follows the same principle as service of a NTQ: It cannot be performed before the tenancy is relates to has come into existence.
                  Yes, I agree.

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