Landlord wants to increase rent halfway through month?

[52andblue]

I have been a tenant for 4.5 years. The rental was done through an agency but I've had no contact from them as my landlord owns the farm I rent a cottage on so deals direct (actually ignores me mostly).

During this time my rent has not increase (though I was advised it is very high for the area). I have not felt bad about this as the property is in poor repair, I have had a repeated rat problem and had to go to the Council to get it sorted and even the front door has a huge hole etc. Landlord is nice enough but not remotely interested in maintenance, just collecting the £ which I have paid in full on time each month o/c.
I am a disabled single parent of two disabled children. We have lived quietly and looked after the property for them whilst here.

I've just had an email to say that he would like to increase rent by 20% from the 1st March (but his agents say it should be more) which he feels is 'fair given the current environment'. I think I will give notice at this point. I am supposed to give 1 month. Can I give it from now as I don't want to pay 20% more next month if I give notice on 1st March?

You’ve been renting since October 2018, so not 4.5 years, it’s surely 2.5 years? Electrical safety certs aren’t due on old tenancies until this March, I believe.

I would take photos of everything, pay rent on usual day, given covid, he needs to give you 6 months notice if he wants you out. I would not pay an increased rent as he hasn’t given you sufficient notice and he can’t just decide when he wants the new rent date to be without issuing a new agreement/giving correct notice. If he’s arsey re deposit, produce photos and any emails to him re repairs required and not done. As a pp said, if he has not placed the deposit in a legal deposit holding scheme, he is breaking the law and can be sued for UP to 3 times the amount.

Stop listening to your ignorant mates and read how to rent on gov.uk. that will explain rights and responsibilities including deposit rules and what to do if there are problems.

Electrical certs due by April 1.

Move asap, the only way to deal with shit landlords is to leave. Please don't walk into the clutches of another shit landlord.

your landlord will have to have an electric cert from April this year
interesting connection that - considering the state of the property he would have to pay for a great deal of work to pass. If he doesn't do this he could be very heavily fined
However there is some ambiguity about rolling contracts & it rather depends when your first (6 month ?) contract ran out as to whether he would require an earlier certification asunder this rule a rolling contract after the first 6 month period is considered anew contract.
Some of the electricians who do this don't follow the advise on what is suggested & what is required & can charge landlords through the nose & he is probably concerned about this.

As somebody said above, read your tenancy agreement. That will tell you what's been agreed.

the person who fixed the shower needs to be a qualified electrician & I think he should have given you a copy of the electrical cert replacing the shower (from memory?)
(part p or later?)

If you are happy to go on a set date soon (ie in the middle of a rent period) then tell him this date and ask if he would accept rent on a pro rata basis until this date. Check your records for bond protection details if you can't find ask him to provide evidence. If no protection he is in trouble; you can then use this as leverage to move out when you want etc or pursue legal course.

Landlords have to get all their "i"s dotted and all their "t"s crossed in the paperwork when issuing a s21 notice to quit otherwise it can get thrown out of court and they have to start again. They have to be very exact in their dates.

There are too many people who go into landlording without knowing all the rules. They complain that there is a generation of "professional tenants" who take advantage and know all the dodges. The legislation is there for anyone to read and all too often its lazy landlords or inept agents who dont keep their properties in good repair. Then they dont keep up with the legislation and then whinge that they got screwed over because the tenants take advice.

Not replied yet as not had chance to check contract yet.

Further email: 'please show me a copy of your water rates'. Just that.
My Council Tax is subject to a full rebate due to my circumstances, as my Landlord knows (and has been since the beginning of my tenancy).

op none of his business ignore

He bought a business with attached cottage 4 years ago.
He rents me the cottage, runs the business, lives along the road.
I'm now worried.
I get full CT relief but does that include water? (sorry to be dense, not got paperwork to hand) I'm worried that he thinks he's been paying 'my part' of the water charges somehow? perhaps they've not been properly divided between the cottage and the business? Would the Council do that, or him? Argh.

Where abouts are you? IN most places in the UK water and CT are separate.

Lived all my adult life in Scotland (where it is part of CT).
Moved to England 4.5 yrs ago when I took on the tenancy.
I need to check my CT bill, don't I?
Would it be listed there as a separate payment?
(I assumed it was the same as in Scotland, stupidly)
If not and Landlord has been paying it as it would have been all part of the same address when he bought it, then I guess he is wanting me to pay 'my share' now after 4.5 years? Oh God that could be huge???

Read your agreement regarding the water rates, if it says you are liable for all charges he may bill you. If it’s not metered and it’s coming from his supply there is a set rate that he can charge you as he is technically your supplier. He can therefore charge a rate plus administration fees. The water charge can’t be more than the water company would charge. Your agreement may say water is included.

@springdale1 - thank you this is helpful.
I can't get access to my Tenancy Agreement atm as I am in hospital but I will be able to get to it by Thursday pm hopefully.
The only thing that occurs to me is if that were the case, why would he send an email saying: 'please send me a copy of your water rates'.
He would know what they 'should be'? and surely would say: 'I have realised you should have been paying X% please make arrangements to do so'?
But this suddenly, with the rent increase too, makes me think he wants me out asap.
So he isn't being very straightforward.

Your agreement may say ‘£XXX per month’ for water. If it doesn’t and he is your supplier he would need to bill you - you can’t pay if he hasn’t!

You don’t need to supply him with a copy of your water rates in any case. I’d just ignore him.

@springdale1 and others who kindly replied earlier.

I have now found my Tenancy Agreement. He used an agency (who have not been involved since) so it seems all correct?

My rental started 1st Oct 2016. So, I pay the rent on the 1st each month, as it says in the agreement, so not sure why he was saying: 'you now appear to pay on the first'.

My deposit is held under the Scheme.

The Agreement includes the phrase:
'pay the appropriate authority or service provider for the following:
a. the Council Tax, water and sewarage charges for the Property throughout the Tenancy (&/or any other Naitonal tax or chage levied on the Property or the occupier from time to time)
b. all charges for use of telephone, gas, electricity' ... etc

So clearly I should have been paying a water bill. I genuinly didn't realise as I have lived all my adult life in Scotland and it's included in the CTax there. Because I'm in receipt of Income Support my CTax bill is paid so I didn't realise. But ignorance is no defence I guess.
I can only think the landlord didn't realise either as he has not billed me for 4.5 years. He must have been paying the charge all in one with the attached business (which uses a lot of water, yikes..) as did the people from whom he bought the cottage and business combo before he rented just the cottage to me.

I am worried now. The water rates for the LA are about £200 pa. So he might ask me for around £900? I don't have that to hand nor can I quickly earn it (IS, disabled single parent carer to 2 disabled children).
Because I am on benefits, my exH was asked to sign as a Guarantor for me. So I guess they'd go after him too? What a mess.

I have paid my rent on the 1st every month in full for 4.5 years. I have kept up to date with CTax (I pay around £100 of it a year) and Utilities.

Under the Covid rules does he have to give me 6 m notice, even if I start to struggle to pay the rent (I will if he wants £900 from me)??

Yes he does have to give you 6 months notice if in England and he can't increase the rent during that period

Yep, tell him you don't agree the rent increase. He can terminate the tenancy but needs to give you six months' notice. Find somewhere new in the meantime.

That's good to know about the 6m, thank you.
I am worried as I was already struggling to pay the rent.
I had approached him informally about that (he walks past my house a number of times a day to access his business) which is why I was surprised to get the notice of increase.

Ignore the water rates, you haven't had a bill so presumably it's all part of the same property and he's been paying it.

If he wanted you to pay it he shouldnt have waited 5 years.

You've been paying all bills sent to you as per contract.

I'd just give notice now and leave ASAP.

Do you think this is ok for a reply re rent increase:

Thank you for your email of X February.

I took on the Tenancy on 1st October 2016 so have always paid my rent in full and on time on the first of each month since then.

As you know I am a Carer for my two children with Autism and rely on Income Support.
This means that I can struggle to pay the rent as it is (I have discussed this with you before in the past) so I am sorry that I cannot increase the rent, even by a small amount.
I hope this will not lead to any deterioration in the relationship.

Kind regards,

I'm not sure if that is too weaselly?
(I was upset about his phrasing of 'in the light of the current circs' re raising the rent and also the lack of maintenance / rats etc and not sure whether to go into all this or keep it brief as above?

Don’t just ignore the water rates, that is terrible advice - it’s clearly set out that the water rates are the tenants responsibility. The landlord can legally bill you up to 6 years water backdated if he is supplying your water. He may just take it from your deposit but you don’t want to get into further financial trouble. Call Citizens Advice and ask for advice, he may agree to a payment plan or a nominal payment.

I don't think that email really will help OP and he whole thing seems to be causing you a lot of anxiety which isn't going to help anyone of you are unwell. If you are in hospital I would simply email to advise i am currently hospitalised so will provide an answer when I return home and am recovered and focus of your recovery. There is very little he can do without significant notice anyway.

What you need to do is rea through any tenancy agreement and go from there, otherwise this is guesswork and you are worrying about hypothetical scenarios or ones that haven't yet happened.

Arrange to speak with Shelter who can advise you or the CAB as soon as you have reviewed your agreement.

I hope you are out of hospital soon

What does your tenancy agreement say about price rises? Mine says max of 5% increase per year. Also they can't backdate it 4.5 years. If you haven't renewed yearly and are on a 28 day rolling contract contact citizens advice

@FlowersAreBeautiful the landlord can backdate the water bill though.

You need to do is write to say you do not agree to the rent review. He will then either serve you notice to leave which will give you 6 months or be will serve you with a Section 13 Notice. If you still don’t agree you can refer the matter to a property tribunal who will decide what to set the rent out.

I wouldn’t talk about things like rats, it isn’t always the landlords responsibility to sent pest controllers. You have to prove that the pest is a result of the landlords failure to keep the property in good repair. I would just say you don’t agree to the increase and leave it there.