Rent increase question

Caporegime
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24 Oct 2012
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Godalming
Ongoing drama.

Discovered that according to the Landlord and Tenant Act 1985, section 1(1), the letting agent legally has to provide us with the landlord's contact details:


Disclosure of landlord’s identity.​

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(3)In this section and section 2—
(a)“tenant” includes a statutory tenant; and
(b)“landlord” means the immediate landlord.

They are refusing to disclose this information, however I've managed to get the landlord's email address from a neighbour.

I also noted that on our tenancy agreement they've put their own contact details in the landlord's section (this may be standard practice tbh, dunno).

They don't know I've got the landlord's email address so I'll keep that one quiet until I've heard back from the landlord.

This is gonna go one of two ways - it's all above board and it's just my prejudice against letting agents influencing my judgement, or they're being all shady and are about to learn a very important lesson.
 
Caporegime
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13 Jan 2010
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32,658
Location
Llaneirwg
Ongoing drama.

Discovered that according to the Landlord and Tenant Act 1985, section 1(1), the letting agent legally has to provide us with the landlord's contact details:



They are refusing to disclose this information, however I've managed to get the landlord's email address from a neighbour.

I also noted that on our tenancy agreement they've put their own contact details in the landlord's section (this may be standard practice tbh, dunno).

They don't know I've got the landlord's email address so I'll keep that one quiet until I've heard back from the landlord.

This is gonna go one of two ways - it's all above board and it's just my prejudice against letting agents influencing my judgement, or they're being all shady and are about to learn a very important lesson.

I expect it's probably above board. I mean it would be very dodgy if it turns out they are being deceptive.

Obviously for the lolz I want it to be them being shady
 
Caporegime
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Godalming
Obviously for the lolz I want it to be them being shady

Dammit :(

Seems the landlord is the shady one :p

Dear all,

This morning I have received correspondence from your landlord that you made direct contact with him through sourcing his email though your neighbour.

As mentioned previously, he wishes to communicate through us, his managing agent. I would ask again that no further contact is made direct to him, we appreciate your cooperation with this and hope you respect their decision and the process.



My previous email stated the landlord is prepared to offer £1900pcm as a gesture of good will but would not be able go lower as this is still far below current market value.

We will now need your answer today on whether you wish to carry on with the tenancy at this rate of rent or if you wish to find alternative accommodation.

Please do let me know if you have any questions, and I look forward to hearing from you later today.

Not sure why they need an answer today though, our "rent anniversary" (lol) is in February.


I now need to find out what a section 13 involves and how hard it'd be for him to evict us. We don't mind moving out but we'd rather wait a bit until the perfect places comes up and not have our hand forced.
 
Caporegime
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Llaneirwg
Dammit :(

Seems the landlord is the shady one :p



Not sure why they need an answer today though, our "rent anniversary" (lol) is in February.


I now need to find out what a section 13 involves and how hard it'd be for him to evict us. We don't mind moving out but we'd rather wait a bit until the perfect places comes up and not have our hand forced.

Just dig your heals in.
If you're paying then rules are rules. He'll have to evict.

You should get quite a lot of time.

This is probably bad advice as we never got to the eviction stage (but I was prepared to go to that point).
But as I was buying I didn't have to worry about the impact that had on future rentals. I don't know if there is now?
 
Soldato
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In case it makes a difference to anything - I'm in a 1 bed place in Putney/Wandsworth. I spoke to an agent about how much I could rent my place out for in case I wanted to, and they mentioned £2,400 p/m to me. Far more than I would've thought likely for a 1 bed, but they seemed fairly confident about it.

Not planning to rent out or anything atm (if at all), but in case it helped give any idea about other things in the area!
 
Associate
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I don't know how you guys survive paying that level of rent, even with a well paid job some of the numbers your guys are throwing out would means could be over half someone's net income.


Mostly we can't, which is the issue. Everything is too expensive for the majority of people. Food is about the only thing that's still reasonably priced, although that's quickly changing.
 
Caporegime
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Seems the landlord is the shady one :p

Whilst you have right to the Landlord's details, you do not have the right to communicate with them directly. They appointed the letting agent as their intermediary and they can expect you to communicate through them if you want bar the commencement of legal action (which is why you have this right).

Realistically, all you can do by contracting them directly is **** them off and make it substantially less likely they'll consider compromising with you.

Good luck with your house search.

Oh, and the letting agent has committed an offence so make sure to report them just for the lols. Seriously, **** letting agents in the UK, upwards of 90% of them are poisonous parasitic little *****.
 
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Soldato
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Annoying the letting agent might give recrimination when you want your deposit back - the carpet is not spotless, the oven .....

( Still think they will say your contract has become roliing after initial 12month period which then gives them legitimate right to increase rent at shorter notice, once/pa. )
 
Associate
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862
I now need to find out what a section 13 involves and how hard it'd be for him to evict us. We don't mind moving out but we'd rather wait a bit until the perfect places comes up and not have our hand forced.
Can they even issue a valid section 13 if there is a rent review clause in your contract? Even if they could, I imagine it'd be redundant.

I'd probably reply that I don't agree to the increase and that I'm willing to reopen the discussion in January, closer to the Feb rent anniversary date. Then find somewhere else to live that's available by February and give notice at or prior to the beginning of Jan.
 
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Associate
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Annoying the letting agent might give recrimination when you want your deposit back - the carpet is not spotless, the oven .....

( Still think they will say your contract has become roliing after initial 12month period which then gives them legitimate right to increase rent at shorter notice, once/pa. )
Agreed- I also think you are already on a rolling contract. Rent can be increased on any date after 1 year is up.

The original contract terminology is essentially putting you on notice that your rent MAY increase every year on the anniversary date.
 
Associate
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Agreed- I also think you are already on a rolling contract. Rent can be increased on any date after 1 year is up.

The original contract terminology is essentially putting you on notice that your rent MAY increase every year on the anniversary date.
Don't think so. If there is a rent review clause in the contract, the landlord can request the tenant agree to something else but if the tenant doesn't agree then the landlord will have to adhere to the contract.
 
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Soldato
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30 Nov 2011
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11,376
If they want to evict you they'll have to give you 2 months notice first and then taking you to court for an actual eviction notice will take them 6 months to a year, as long as you move out before it actually goes to court then you won't have a ccj

Have they given you an actual written rent review form (notice of rent increase, form 4 on gov.uk website)?
If not request one and inform them you'll contest it (details of how to contest it should be on the form) - that will add another few months to the process so that they can't go after your deposit aswell - the tribunal paperwork is form 6 on the same website

These agents sound like right cowboys, both for the tenants and the landlord as their paperwork sucks. That is the most poorly worded rent review clause I've ever seen and doesn't even comply with current legislation.

There's no such thing as a section 13 eviction, he needs to issue a section 13 notice (form 4 as mentioned above) which you can contest to tribunal (where you can submit you rent agreement showing the inflation only clause).

If you continue to pay the rent and haven't done anything else wrong then he would have to go for section 21 to evict which is no blame anyway

You can get legal aid for all of this iirc (check the latest How to rent guide)

They probably won't want to do all this as they sound like lazy crap agents anyway, so just telling them you are looking for somewhere else might be enough to keep them off your backs.
 
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Soldato
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Limbo
Also if you want to be really awkward, remember you have the 'right to quiet enjoyment' and any viewings they wish to do before you do leave have to be done entirely when you're ok with them. You can't refuse them completely but if they're inconvenient for you, then tough luck for them, make them work around you.

Technically, before each viewing request they have to give you at least 24 hours written notice.

Upon at least 24 hours’ notice in writing, allow the Landlord or his Agent, or those authorised by the Landlord, access to view the Property, at all reasonable times, accompanying a prospective tenant or purchaser of the Property and ensure that the electricity and gas is kept on, the Property is kept in a tidy and presentable condition and the Property is kept warm during viewing periods.

A tenant can reasonably decline access for a viewing if the date/day/time is not convenient but denying all access for viewings is unreasonable and would be in breach of any relevant conditions of the tenancy.
 
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Caporegime
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Godalming
Dear Diddums & Mrs Diddums,



I hope you are well today.



I’ve been instructed to serve you notice the terminate your tenancy on 05th January 2024. I will follow with the official document via email and letter shortly.



In the meantime, please see attached the following documents for your reference:



Signed tenancy agreement.
Gas Safety Records
Energy Performance Certificate
Electrical Installation Condition Report
How to Rent Guide
DPS Ts and Cs
DPS Leaflet
Understand the possession action process – A guide for private residential tenants in England


Please don’t hesitate to contact me if you have any questions.

Lol.

I could fight it but to be honest having our hand forced has given us the kick we needed.

Fanrham or Guildford?


Hmmm....
 
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