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3days notice of rent increase

(14 Posts)
Sazzle41 Tue 03-Feb-15 21:50:37

I have an assured monthly shorthold tenancy and just got 3 days notice of rent increase. Surely this isnt legal? Also there is damp landlord refuses to acknowledge in the bedroom and i the electrical appliances are all old and i have never seen safety stickers or certificates - i thought this was a requirement? Anyone in the know ?? I feel paying a 200 a month increase for this isnt really on but landlord standing firm so i feel pressured to move as thats such a hike for me.

acatcalledjohn Tue 03-Feb-15 21:59:03

Are you saying it's out of its fixed term and now rolling monthly?

Still, he owes you at least a month's notice. It's the law.

acatcalledjohn Tue 03-Feb-15 22:00:31

Another helpful link:

acatcalledjohn Tue 03-Feb-15 22:02:01

By the way, do you have proof of your deposit being secured in a deposit protection scheme?

Sazzle41 Tue 03-Feb-15 22:48:46

Thanks all, yes its now rolling monthly tenancy after initial fixed term ran out. 28th Jan he announced an immediate 200 quid a month increase or move out. I have no deposit protection scheme and the damp and ancient fridge/washing machine have been fixed at my own expense and i feel he is taking mick. I guess its move out but i am skint and need deposit for a new flat.

PigletJohn Tue 03-Feb-15 22:55:07

Do you mean you did not pay a deposit?

Or that you paid a deposit but it was not put in a scheme?

Unexpected Tue 03-Feb-15 23:11:51

What kind of increase does £200 a month represent? Unless you have a very expensive flat, that sounds like it must be an extortionate percentage! We have some flats, one of which rents for £950 pm, we are not planning on raising the rental this year but if we were it would be by max £25 pm which would still be well in line with other local properties. Was your flat previously very good value for your area, is this increase just bringing it in line with others?

Sazzle41 Tue 03-Feb-15 23:39:13

Its 900 a month which was going rate for 1 bed 18months ago when i moved in but he is saying rents have gone up and he can get 1,100. I havent seen anything like mine advertised (modern, red brick box) but a stunning and perfect victorian flat in prime location with garden and 2mins from tube station went for 950 last week so i dont agree with him, but he is not having it. Fed up isnt the word. I have given 2months notice and need to scrape (scrape being operative word) deposit together.

Sazzle41 Tue 03-Feb-15 23:41:31

Yes i paid deposit, there was no scheme and he is already rumbling about me possibly leaving marks on walls where my pictures are. I havent even taken themdown yet!!! And i am perfectly able to use filler and match pots so no way thats going to work re keeping my deposit! It was unfurnised too so nothing i could damage or break anyway. Grrr.....

Unexpected Tue 03-Feb-15 23:51:21

By law, the deposit has to be kept in a Tenancy Deposit Protection scheme and you should have been notified of this. If this hasn't happened, you can apply to a county court (you can do this now, you don't have to wait until the end of the tenancy!) and they can order that the deposit be returned to you. They can, in fact, order that up to three times the amount be repaid to you but I have no knowledge of what the circumstances relating to that are.

Was a check-in inventory done? Just a word of caution about using match pots to cover picture marks - it doesn't work! Even if you use the same colour it will come up differently. Also, don't think that because the flat is unfurnished there is nothing to deduct from the deposit - there may (legitimately) be mould, mildew, damage to, or marks on, kitchen cupboards etc. Of course if he didn't do an inventory with photos, there is no way of the landlord proving that you are responsible for any damage.

Sazzle41 Wed 04-Feb-15 01:19:34

Thanks Unexpected. I had an inventory with no photo's. I have been known to mix 3 diff match pots to get exactly the right shade of magnolia, lol, so touch wood it will be hard to see the already miniscule picture pins holes.... I will investigate the deposit scheme , cant see any paperwork on it with the tenancy but maybe its mentioned somewhere in the letters they wrote confirming it all admin wise before i moved in. Will read and double check.

NowABitShapeless Wed 04-Feb-15 05:04:15

From the Gov website:

3. If you don't protect your tenants' deposit

Your tenants can apply to a county court if you don’t use a tenancy deposit protection (TDP) scheme when you have to. They can do this at any time during the tenancy.

If the court finds you haven’t protected the deposit, it can order you to either:

repay it to your tenants
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order you to repay your tenants up to 3 times their original deposit within 14 days of making the order.

At the end of the tenancy

The court may also decide that your tenants don’t have to leave the property when the tenancy ends if you didn’t use a TDP scheme when you should have.

Your deposit should be in a scheme OP. Your LL is acting illegally otherwise. And if he wants more money he needs to give the appropriate notice and you should be signing a new contract.

acatcalledjohn Wed 04-Feb-15 11:03:03

If you have a contracg he should have protected your deposit. Sue him for 3 times the deposit. He's breaking the law by imposing a rent increase like that and by not protecting your deposit. Landlords like him ought to be put out of business as they take advantage of people.

specialsubject Wed 04-Feb-15 12:08:38

yes, he's taking the mick and you need to get informed (and get out)

- deposit protection is a legal requirement. Take action
- on a rolling tenancy, rent increases are governed as per the link someone else posted.
- you don't fix the landlord's property - he does.

he's breaking several laws, so stop letting him do so. Follow the actions outlined to use the protections that are in place for you, and get house hunting. You are paying a crook.

the laws are there. Use them.

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