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Landlord increasing rent without new contract

(7 Posts)
LilyRose88 Fri 07-Mar-14 16:01:54

My daughter is renting a room in an HMO and I am her guarantor as she is a student and works part-time. We agreed to renew her 6 month contract but the landlord decided after visiting her room to fix a broken window catch that he would serve an eviction notice on her as she has breached her contract by keeping a hamster in her room. He gave her 6 weeks before he takes possession.

My daughter and I decided not to fight this as he is a nasty person and she is looking for another flat. However, he has now emailed me to say that for the 6 week notice period the rent has now increased, and demanded the higher amount. I am minded to pay him the amount that we originally contracted to pay (although this contract will have expired during the 6 week notice period). We have not signed anything to say that we accept the higher amount, not did the eviction notice mention that the rent would be higher for this period.

Where do I stand legally on this? He is an unpleasant man and I wouldn't put it past him to change the lock on my daughter's room when she is out if he thinks he can get away with it.

specialsubject Fri 07-Mar-14 17:10:56

if she shares accommodation with the landlord she has very few rights. If she doesn't she is a protected tenant and has a lot more.

the rent is fixed for the duration of the contract, so he can certainly whistle for that bit. After that, even Shelter say it gets complicated and both sides need to consult various authorities. I would say that the easiest solution is for her to get out before the end of the tenancy. I also feel that she should pay the previously agreed amount and no more.

no, he can't change the locks. She may have done wrong but that doesn't mean that he can. He is entitled to evict her because she broke the terms of the tenancy, but he has to do it legally. That means proper notice, due process and bailiffs - although sounds like she'll be long gone before that.

LilyRose88 Fri 07-Mar-14 17:28:34

Thanks for your reply specialsubject She doesn't share the accommodation with the landlord. It is a large house with 8 separate bedrooms and a shared kitchen and two bathrooms. He is a nasty man so in a way I am glad that the eviction notice has forced my daughter to find another flat. She was being a bit too casual about it but is now looking proactively as she has a fixed time left in the accommodation.

She had a fixed term assured shorthold tenancy and we did agree to renew for another 6 months, but then the landlord got a bit nasty about the hamster. I also think he decided to get rid of my daughter because she asked him to fix some things in the property, like her window, the washing machine and a few other things that were broken.

So we are within our rights to pay the same amount of rent as we were paying during the 6 month tenancy? I don't want to cause my daughter any problems, but I am fed up with her landlord's money-grabbing ways.

Nappaholic Fri 07-Mar-14 23:24:30

I'm not an expert, but I have a feeling that the rent can't be increased during the fixed term period at all, and after that there has to be a notice served a month (?) before a new rent can be imposed.

TinyDiamond Sat 08-Mar-14 12:08:31

Your poor daughter. He sounds awful. I lived in a place like this in London and my Landlord was similar. We were even burgled and the LL left the property unsecured for ages afterwards denying any responsibility. She is better off OUT OF THERE. You won't have to pay any more than stated in the contract.
Check he has protected her deposit properly etc. Although technically as she did breach her contract she may not win any dispute. But it isn't as if a hamster could cause any damage.

I bet if his property had mice or rats he'd do little about it, seems absurd to be so nasty about a hamster.

Good luck.

LilyRose88 Sat 08-Mar-14 13:00:41

The ironic thing is that the property does have mice! I don't suppose he would have minded about the hamster if she hadn't kept asking him to repair the things in the house that are broken.

The landlord and his son barged into her room one morning when she was in her PJs and started shouting at her about the hamster and accusing her of breaking the window catch. I am sure that she gave them as good as she got but they should not be ganging up on a young girl like that. She is now out of her 6 month contract from 9 March, which is the date that the landlord has asked for an increased rent. She only paid one deposit - £20 for a key to the garden - so he doesn't have much of her (my) money.

She does want to move out and in a way it is good that this has happened as it has forced her into action. She can be a bit casual about sorting things out, and as she is 23, nearly 24, I am loathe to intervene too much or she will never learn to be independent.

NigellasDealer Sat 08-Mar-14 13:04:51

these people sound nasty, and could get nastier from tomorrow.
she might need to be prepared to call the police.
as for putting the rent up for the notice period, I am no housing expert but i imagine if she or you went to CAB/Shelter they would say that that was illegal and unenforceable.
stress to her to find a new place and move ASAP.

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