Large rent increase and eviction

[Petrified1]

Our landlord has told us she intends to put the rent up by 50%. We have no written tenancy agreement. We have been here for 18 months. If we don't agree to the rent increase, she says we must move out in 1.5 months. Does anyone know what our rights are? We are looking for a new house but we might just be in a position to buy and this will probably take longer than our notice.

[Petrified1]

hopeful bump

[cestlavielife]

Speak to shelter for specific advice.

[SacredHeart]

I'd speak to the CAB, not sure but with no tenancy agreement you may be stuck.

Did you have one and move on to rolling (in which case I think you get 2 months notice)?

[HappyGoLuckyGirl]

IIRC a landlord can't raise your rent more than 10% in one financial year. (I'll double check that). But I'm not too sure if that would stand if you have no tenancy agreement. Why wasn't one put in place?

[HappyGoLuckyGirl]

Seems I was wrong on that one but any rent increases must be fair and reasonable i.e. in line with similar properties on the market.

Your landlord also has to give you 2 months notice.

But all this is with a tenancy agreement.

[Petrified1]

we have never had a written tenancy agreement as our landlord was someone we knew. however, there has been a breakdown in the relationship and she has decided to put the rent up by nearly £500 a month. I'm kicking myself for not pushing to formalize things properly in the beginning but obviously that doesn't help now. I also have two small children, if that makes any difference...

[SoMuchForSubtlety]

If you have no tenancy agreement and you pay rent then you're probably periodic tenants. I think the notice period is still 2 months but you should check with Shelter or CAB for advice.

[wowfudge]

There was a thread in AIBU today by someone who was worried she was going to be evicted. Some of the responses on there may be of use to you - on a tenancy without a formal written agreement, eviction, etc. Do speak to Shelter though.

[MoreBeta]

The Landlord will also have to get a court order to evict you. A judge is the only person who can legally evict you.

Talk to your local Council immediately. They will be more use than Shelter. Every Council has a housing officer and have powers to come down hard on landlords that treat tenants unfairly. They use their powers because ultimately unfair landlords that evict tenants illegally cause the Council extra cost on rehousing. They want to avoid that so are on your side.

If you need help with being rehoused please do not move out without eviction otherwise you will be classed as making yourself homeless and the council will not help to rehouse you.

A habitual payment of rent creates an implied rental contract. You are a tenant and you have rights as a tenant - tenancy agreement or not. It may well be the Landlord has broken the law by not declaring the rent you are paying or has not put any deposit you paid into a tenancy deposit scheme.

This is the second 'informal' tenancy without a tenancy agreement I have read about on here today.

[Petrified1]

Thank you everyone. I will call Shelter tomorrow. I'm so upset and feel so stupid. I'm so worried that my son will have to change schools and he is so happy there... :-(

[Petrified1]

Sorry, no I will call the council tomorrow. that's a very interesting point about declaring rent for tax purposes...

[specialsubject]

you have no written agreement. That means you still have a tenancy, you paid rent and he/she accepted it.

bad news: landlord can raise rent by as much as he/she likes
good news; if you don't want to accept that, they must give you 2 months notice to expire on the day the rent is normally paid. End of. The law. The notice must be in the correct written legal form.

number and age of children irrelevant. Your landlord wants you out so is using this rent rise to get you out. Do you really want to keep paying money to this person long-term?

you don't have to leave on the day the notice expires; you can wait to be evicted. This will obviously have effects on your future suitability as a tenant. Before you start considering this, speak to your council to see what their policy is.

get house hunting now. For the next place, ensure that the deposit is protected, there is a gas safe cert, and that you have a written agreement for the first six months at least. If you can get longer, do it. Look to rent a buy-to-let not someone's home, that way they won't be wanting to move back in. Be an informed tenant.

don't rent a dump, they don't improve. And don't rent from a 'friend'.