Been served Section 21 Notice for not agreeing to pay increased rent

Thanks @Gary … I have kept the evidence, and have attached it to my email to LL.

In my reply i did not refuse to pay, and asked if i could pay the new higher rate - but also asked if i can have the new rate at a fixed term for at least 12 months.

I am now trying to work out if it’s worth me sticking to my guns and trying to stay in the flat in time for the RRB to become law.

I wonder if any of these things will help slow down (or successfully nullify) the LL claim if he goes to court?

• I have an appt booked with the doctor v soon – I will most likely need ‘surgery’ this year.
• I have mental health disabilities.
• I have a physical disability, bad back, which will make a house move very dificult and will risk re-injuring my back.

With regard to the points above, I can get a doctor’s letter to prove that all these issues are true.

Reading the OP of this thread, another property, I do feel very sorry for this particular LL: Tenant claims breathing space - but no notification received that I am an official Creditor - can i still apply for warrant?

… his tenant sounds like a complete nightmare, Mad Max’s sister perhaps :motorcycle: … I am probably like a quiet old man by comparison.

After not paying any rent for 7 months (I am still paying), his tenant now gets an extra 3 months just because they decided to defend…

… if I was given the same grace with all my bullet points (above), this might tide me over until the RRB becomes law, which would hopefully wipe out the LL’s claim.

Any feedback on the likelihood of achieving this would be much appreciated. Thank you.

All s21 served before RRB are valid and no amount of excuses will get you out of it. It’s been served and it’s a no fault eviction. You don’t need to attend court because if all the paperwork is intact you will be out on your proverbial.
I actually felt sorry for you but now I don’t. By your own admission you have documented that he is responsible.
We all try and help those tenants with genuine plight but you have just made me think twice about your agenda. Now I feel sorry for your landlord. Maybe there is more to the s21 than failure to accept the rent rise…
My ICO fee for the net year increased by 30% today. It will be the same for your landlord. Food in Sainsbury’s has increased by 10% since last week. Water will increase by 20% in April. home insurance rose by 15%.
He’s not increasing rent for the fun of it. Inflation grew by 3%. Incoming tax legislation is running businesses out. Everything is about to go up. We are looking at the real risk of WW3. Putin, if Trump keeps to his nonsense, will get the green light to go further into Europe. We are looking at serious tumultuous geopolitical times. At home we have to contend with the costs of this plus the RRB and MEES ( which is going to be a pain in the proverbial).

Stop moaning and pay the rent rise because here rents have already increased by 14.2% since December.
If you don’t like the prices in Sainsburys you don’t tell them your sob story. You go to another store. It’s the same. If you don’t like the rent find somewhere cheaper. But you may end up with a less responsible landlord.
A wise man once told me… if you pay peanuts you get monkeys…

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Are you posting on the right thread? … This doesn’t tally with what I have written here.

No, there isn’t !!!

The last time my LL increased the rent, I asked why - and if he was subjected to higher costs (like insurance, etc). He said the costs to him had not increased, and explained the market going up enabled him to charge more, although not in those exact words of course.

Way off topic ! :face_with_spiral_eyes:

Ash - You do not need to leave the property on the notice date. That is the law, the landlord will have to put in application to court to seek possession and will need to have a good reason. if there is not a clause in your contract to allow for frequent rent rises then you are safe.

Depending on where you are in the country it could take up to 25 weeks to even reach court and if you continue to pay the rent as you are he will have no chance.

DO NOT LEAVE he will give in as he wont want to pay all the court fees etc

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It wont get to court before the RRB comes in NO CHANCE and remember you have done nothing wrong. DONT be bullied and don’t listen to this lot who are self serving and on here to intimidate tenants into acquiescing. Go to Citizens Advice.

No one cares what you have to say A-A sell your property if you don’t like it, tenants aren’t here to pay all your debts and costs at a whim!

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Thank you Louise. I will stay put.

I recently chatted about this with an old friend who used to work in the local council. She said that if i approached the council, it will be harder to be re-housed by the council if it looks like i have deliberately made myself homeless - so I should NOT leave the flat too early & try to stay beyond the initial s21 deadline.

Ash_UK, I am not sure that Louise66 is giving you the best advice. Firstly, the Council will only be able to house you in emergency accommodation, which is likely to still be in the private sector but at the bottom end of the market, ie far worse than the property that you are in now. Depending on where you’re located, it could also be in a town hundreds of miles away. A refusal to accept their offer will likely see them withdraw support. Secondly, the court action that the landlord will have to take to evict you costs over £500 and the judge will likely make you pay it. If you can’t pay it, you will get a county court judgement against you and you will in future find it very difficult to get any credit, (eg credit cards, mobile phone contracts or another rental). Finally, if you plan at any point to go back into the private rented sector, you should be aware that reputation is everything. Tenants who have forced their landlords to evict them through the courts are likely to struggle to find another landlord willing to house them.

Ultimately you must decide what’s in your best interest or what your circumstances dictate, but its important you understand the other side of what others are recommending.

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It’s poor advice, you dont need to give a reason for section 21 and it will remain valid after RRB comes into effect.

The increase since your tenancy started in 2019 is well below both average rental increases and average wage increases. It therefore appears reasonable and your personal issues are not the lanflords issues.

You could become liable for legal costs incurred as well as rental debt. If you dont accept the reasonable increase the landlord can then impose a larger increase to reflect market rates.

Councils do not have sufficient properties and unless you are a priority group you are unlikely to get one. If you go to court over this your chances of a new private rental are extremely slim.

Of course i get that any increase is unwelcome and affordability is a big issue but given it looks reasonable i would say you would be better off contructively negotiating with the landlord.

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Thanks both for posting…

Some people seem to believe that the RRB will wipe out the recently served s21… although there is a lot of uncertainty over this. Do you have a source you can share please?

I was told that this will probably be a B&B until they find somewhere more perm.

I am going to visit Shelter and see what they say.

I know affordability is very different to lots of people but I genuinely cannot believe that you are willing to risk losing your home and the upheaval of having to move over an increase of £50 per month. Even on minimum wage, that’s less than one days wage (half a days wage from April).

Have you looked at the rental market where you live? What are the typical rents for a similar sized flat in your area? Because that’s what is most important as that’s what any rent tribunal will use to determine the fair rent for your home.

To be honest, this entire thread just reads as you want the council to house you and so you don’t care about the hassle you cause to the landlord. You need to listen to what you are being told (except what Louise66 says as she clearly doesn’t have a clue). There are numerous stories where ones council haven’t had any suitable housing so the tenant has been offered accommodation at the other end of the country. You need to ask yourself if you’re willing to move hundreds of miles away if that’s all the council can offer you - because if you refuse such an offer, they won’t offer you anything else and you’d be on your own and back looking for a private rental but this time with a history of forcing your landlord to evict you through the court and a ccj to boot.

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CCJ coming up for you

I did reply to my LL after receiving the s21 and asked him if i accepted the full £620 could the price be fixed for at least 12 months. I still haven’t heard back.

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er…

So, yes, @A_A is posting on the right thread.

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He’s probably not responding because this question is moot. For a periodic tenancy (rolling on a week-by-week or month-by-month basis) your landlord cannot normally increase the rent more than once a year without your agreement anyway.

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I’ve just realised that you’ve never told us if the £620 you’re being asked to pay is roughly the going rate for similar properties in your area. Is it?

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This is factually incorrect. All s21 served before RRB will be upheld.
Your knowledge base is poor . I suggest you read the literature before giving out incorrect advice .
This is the second piece of advise you have posted that is factually incorrect.
Worryingly, this tenant could lose his home or worse end up homeless if he chooses to listen to you .
Do you want that on your conscience ?

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Is there another reason for the s21?
People don’t serve notice without due consideration.

Apologies, I interpretted “he is responsible” as a “… for” missing on the end.

I had posted a link to another thread written by a LL ‘Tenant claims breathing space’ (above), and thought A_A was referring to this.

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@Louise66. You haven’t been on here long, but if you take the time to read back, you will read many occasions where ‘us lot’ give advice as Landlords that was not Landlord focused, as there have been tenants give advice that is not tenant focused.

We are all here to give ‘fair’ advice to all. Of course, some of us are Landlords / tenants and our views might be biased by our own experiences, but this forum has never been Landlord versus Tenants, and I hope new entrants don’t make it so, as that will not make it a nice place to be.

As a Landlord I see the tenants perspective in many of my posts.

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