Hi,
I am in what used to be an AST, but newer landlords (there have been 3 in 5 years) have no renewed. As far as I can tell I am now in a Periodic Tenancy(?)
My landlord is making what I consider to be a ridiculous rise in rent from £450 (the area average) to £595 just after taking over the property. Are other things taken into accoutn by the tribunal? There are things which are simply worn out and dont work like they should do anymore like double glazing with water damage on sills etc. Is this taken into account?
I amd currently filling out the form for tribunal action, but what happens if he tried to evict me because I wont pay what he wants ( i will ofc, until I can find more resonable prices)?
Surely this is a hostile act because he wants the money but a tribunal action (whether they act or not in my favour) says no he cant have it?
Can he then just evict me because I argued?
It does sound like you’re in a periodic tenancy. I recommend you check the wording of your original tenancy agreement. Some specify how and by what percentage rent may be increased. If yours does then it may prevent the landlord imposing such a large increase. If it doesn’t then you are at liberty to ignore informal requests for the increase and only pay when the landlord issues a formal section 13 notice, (or a letter that contains substantially the same information). If the new landlord or his solicitor hasn’t served you with a s48/s3 notice of change of landlord, then no rent is due at all until he has, although once its served, you would have to pay the back-rent.
I have no personal experience of the rent tribunal, but I don’t think they take very much into account at all except the local market rent. I think its quite uncommon for them to rule against a landlord, but if you are correct in your assessment of the local market rent, then they may in this case.
Your landlord will have to give you a proper section 13 notice.
You can appeal to the rent tribunal. You have 28 days to do it after you receive the notice. They will determine a Fair Market Rent so get as much evidence as you can that the area average for a property of your size in your area is £450.
DO NOT pay higher than £450 if you want to appeal. Paying the higher rent is consent to it and you cannot appeal.
They decide a fair market rent and that’s what the rent will be. Whether it’s lower or higher than what the landlord wants so make sure you’re confident £595 is too high.
While going through the appeals process you pay the same rent but once the tribunal rules you owe any difference in back pay (ex. If they say it’s £500 and it took 4 months to decide, then you owe £50x4=£200)
Right now landlords must serve 6 months notice to evict. You do not have to leave and only a court appointed barristers can remove you from the property. Evictions are taking extra long right now so you have time to find a better place if he chooses to evict you.
@David122 A landlord is only entitled to charge a fair market rent. Any increase, even if specified by the lease, can be appealed. Obviously the landlord has the right to evict.
A tenant who wishes to appeal should NOT pay the increased rent as that is consent to it and waives their right to appeal.
The agency the last landlord was with have stated a new landlord has taken the property but not said anything about a form s48/s3. The 13 has been issued.
Who decides what the market rent is? If its local estate agents then ofc the value is going to be higher, they get more money from landlords who use them to govern the property! There are loads of properties around here for £450 ish, but any web sites I search with market values state that the rents for flats with 3 bedrooms should be much much more than hes asking and that is totally wrong and unrealistic. For what he is asking I could get a three bed roomed house.
It seems to me that landlords can run riot with money demands and have no means to be capped. Its totally a landlords world. Ridiculous!
The rent tribunal decides. I understand this is stressful, you need to be able to calm down and take in the information being given. I just told you that the rent tribunal decide a fair market rent.
You need to appeal within 28 days of receiving the 13.
Then you provide evidence of what you consider to be a fair market rent. So does the landlord. They will evaluate the property, look at all the given evidence, and decide what a fair market rent for a property such as yours in the area you live.
Evidence includes asking nearby tenants to provide evidence of their current rent. So if you know people who are at 450 then you can get that evidence.
If it’s true that 3 bedroom houses are going for 595 and you can prove that then you have a solid case.
market forces decide the rates Best move to a cheaper place
He just said that he lives in an area that’s cheaper though. The landlord, according to him, is charging well above market rate.
Yes Thats true. I would not pay it if he is certain of his facts
Even if he’s not 100% certain, he can still appeal. The only time that wouldn’t make sense is if the landlord is definitely charging well below.
A tenant can certainly appeal to the rent tribunal, but from what I’ve heard, unless the rent is very significantly above the market rent for the area, (perhaps as in this case), they don’t usually rule against landlords. Their job is not to set rent caps through the back door.
Well, it won’t be through the back door will it? That’s what a tribunal is for. And if they don’t act fairly, looking at local rents in a wide area, then whats the point in having a tribunal? If its corrupt, then it may well not exist.
I remember the fair rent offices back in the 80’s that were serruptitiously removed by the government and hardly anyone notied their passing. I did.
The fact of the matter is, when I go on web sites like Right Move, flats bigger and better appointed than mine, in higher states of repair, are going for the same and in some cases cheaper than my CURRENT rent. and if this is the case how could the tribunal POSSIBLY say such a massive raise in the rent was fair?
This has happened only since this new landlord arrived. and In my opinion (only, unfortunately) this move is to clear out everyone so he can do something to it.
What I meant was that Government has so far shied away from rent controls and therefore the tribunal is limited in what it can do. It not corrupt or even unfair in its dealings and I didn’t suggest that. As I said to you, your landlords proposed rent does seem to be way above what you say is the average for that type of property in your area so I would expect them to treat any claim from you seriously.
You are probably right in your opinion of the landlords motives.
I don’t see the value in this comment. In this specific situation you agree the landlord is likely way over shooting and the tribunal would likely act in this case.
You have a disturbing habit of discouraging tenants from acting on their legal rights.
I don’t know what your problem is with me Ryan42, but your comments are way off the mark. For one thing, your second paragraph is totally at odds with your first!
I often include wider detail in my posts to ensure that other landlords and tenants are who are reading have the wider picture. If that’s not ok with you then perhaps you should ask Openrent whether you can join their moderator team and then you can vet all my posts.
Oh it’s not your post that leads me to those conclusions david, I am in no way flaming what you tell me, but I suspect that most of this proccess favours landlords due to the fact we live in a Caplitalist governing system.
Ryan, I will be acting whatever David says, so please don’t think that’s the impression I get, please just exchange christmas love and leave it lol
You aren’t the first person he’s done it to and it’s been getting on my nerves. It’s predatory behavior that I can’t stand.
But he has no problem encouraging landlords to exercise their full rights!
You think you know my motivation from a handful of posts. You couldn’t be more wrong. I also think you’re being disingenuous about your own motivation. However, I shall ignore your posts for the moment and simply carry on.
I understand your frustration but you have not given enough information regarding your situation. Check the tenancy agreement, what does it say regarding rent increase? The landlord is within their right to increase the rent, do you expect the landlord to never increase the rent? obviously a smart landlord needs to take into account that it’s better to have good reliable tenants who pay less than having tenants who will pay more but can turn out to be trouble.
You can phone the Tribunal and ask how they would expect you to prove that your current rent is of market value. You mention Rightmove etc. Would it be acceptable to screen shot these properties?
I would agree with the advice that it probably does go on market rates but there is still no harm in mentioning that the condition and state of repair of your property is below that of the others advertised. The worse they can do is disregard it.