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?

I've replied to say:
a) I have paid my rent on the 1st of the month since Oct 2016. As he is aware, I am a single parent Carer for my 2 disabled children and pay my rent by Housing Benefit. As it is more than the LHA I top up by £200 from my Income Support. I cant see how I can afford extra rent.
b) apart from my rent my only bills to date have been Council Tax and Electricity both of which are up to date. I am happy to provide copies.

I've had a reply:

'We are following advice from our agent and believe that the new rental amount is very good value for a property of x size in X area so look forward to receiving the new rental amount from 1st April. We've also been receiving very high water bills for the farm and now believe we are paying the bill for your house so that will increase your monthly payments more. Happy to discuss face to face'.

I have now checked with the local council and local water company.
they say that a number of properties come off a 'parent supply' in the area. They cannot get involved in a dispute but have given me an ide of what they think ave consumption for a house of 3 occupants (me and 2 kids) would be.

I think I need to reply in writing as I don't want Landlord coming to the door!

Forgot to add - they say the water bill is 'something they need to discuss with the local water company'.

"Face to face?" bully!
Make it clear that all correspondence will be strictly in writing.
Speak to the water company for your area and clarify the issue, prempt and buggering about the landlord has planned.
I hope you can get advice and find somebody that can advocate for you.
I was under the impression that an increase above 5% per annum wasn't permitted?

PHONE UP SHELTER AND GET PROPER ADVICE FROM THEM.

DO NOT DISCUSS FURTHER WITH LANDLORD AND KEEP IT ALL IN WRITING. NO CASUAL CONVERSATIONS!!

Call Citizens Advice, they will be able to tell you how you can oppose the proposed increase.

The local water company won’t be able to help - look up ‘OFWAT - water resale.’ That will give you the guidelines surrounding how much can be charged. There are six calculations that are acceptable to use plus admin fees.

Landlords can increase the rent by whatever they want, there is no cap. I would suggest that a good agent will increase it by the RPI. An example of this is if your rent was £1,000 pcm in February 2017 when you took on the lease there has been a change in the Retail Price Index. This increase is a 9.76% change between now and then. As a result a reasonable rent now would be £1.097.60pcm.

If he is a farmer he’ll likely have somebody that does my job acting for him (a land agent/rural surveyor).

I’d take advice from Citizens Advice but I’d see if you could negotiate to pay a water contribution from this point forward and write off the old water charges.

You can reject the rent increase but they’ll either serve notice or serve a statutory notice of rent increase (section 13 I think). Honestly I’d start looking for alternative housing in the mean time if you can’t afford the increase.

@springdale1 - thank you, this is very helpful.

if they serve notice do they have to give me 6m at present (its a rolling standard tenancy and after the 1st year its 1 month on either side but C-19 means 6m still someone said upthread?)

also - is a section 13 mandatory - ie can they force me to pay extra?

I'm really hoping they'll write off at least some of the old extra charges but if I then gave notice (as I now feel quite uncomfortable and there were big maintenance problems anyway) can they come after me for the whole backdated amount?

I have replied by email (as I am rural and cant get a reply from CAB or Shelter today and don't want him knocking on door) to say:
'it's not about whether the rent is reasonable or not its about my ability to pay it. can he give me an idea of how much extra the water payment would be and from when so I can look at my finances again and see whether I think I can manage it'. Not perfect but I'll see what reply that gets. I have to walk past his door to get to my car so it could become really awkward and I worry about the tone of the email of today which just says: we think it's reasonable so expect it from next month when I've already said I don't think I can manage it?!

I would just write to him and say ‘Dear Xxx,

Thank you for your letter, unfortunately I cannot agree to this increase at this time.’

To apply for a rental increase through section 13 he’ll have to serve you a Form 4 notice. It has to be this exact form and it has to be correct. It must have the right time period, name and address, signed by the landlord etc...

Once they do this you can challenge the notice. You can challenge it because the repairs haven’t been done, bad condition etc... It is free to challenge and a tribunal will then decide the rent for you. This is a long process so will give you time.

The most important thing to note is do not pay more than the current rent. If you do it will be seen as an acceptance of the new rent. Pay the water bill separately if they invoice you for it and clearly mark it as water.

Also look into whether your deposit has been correctly protected. Have you got a certificate and the prescribed information that goes with it? If you don’t he can’t evict you and has to pay you 3x the deposit in compensation.

Yes to the six months also, you can reject the increase and then have six months at the current rate.

@springdale1

• thank you again! x

I am slightly worried that if I don't agree to the increase he will bill me for the last 4.5 years water rates at whatever the water co say would have been average useage? I guess he can do that anyway???

It is possible he can do that - have you checked your deposit is correctly registered. You could negotiate writing off the water against the compensation entitled if it isn’t.

If he responds again stating the increase you should point out that the property is not worth the rent in its current condition. It sounds as if he would have to spend a fair bit getting it in order. You could also point out that he has not resolved maintenance issues from nearly 2 years ago, which is breaking the terms of the contract (check this but I’ve been a tenant 4 times and each contract specified that the landlord was responsible for upkeep of the property and had to respond to and resolve maintenance issues.

If he does try and claim the water rates back I would try and negotiate for this to be from the deposit.

And take photos now, of the whole property, with close ups of any specific issues. Also start getting any correspondence about maintenance issues together, you’ll need this for the tenancy deposit scheme dispute resolution if it comes to it. I’ve only had one landlord do that, because she expected me to repaint the whole property before I left! It wasn’t in the contract either, she just said it was what she expected.

The electrics only need to be checked every 5 years so if it was done when/just before you moved in it won't be due yet.

If you give notice on 1st March you won't pay the increase, he wants to increase it from 1st April. Although he seems to think it's due on the last day of the month not the first. I'd give notice before 1st March, ending 31st March, just to be safe. Otherwise if you're wrong and it is due on the last day of the month you'll potentially be stuck till end of April!

Bear in mind you may need him for a reference for your new landlord.

Well the water board say I owe them nothing.
I have emailed the landlord twice to ask if we can come to some arrangement, or can he at least let me know what he considers I owe so I can budget to see if I can afford to stay.
I had a 'not sure where the meters are, will get back to you'.
(but he hasn't)

If I don't pay an increased rent in April, and he gives me notice, are there any Covid rules still where I can stay until end May please?

www.gov.uk/private-renting/rent-increases

Your email says 'end of March' and you said you had just received it, so he has given you 6 weeks notice, which complies with the law.

He cannot just do it. he has to tell you in writing (email) and get your express agreement, also in writing (email).

He should also have the electric check done on/before 1st April, for existing tenancies

www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

Your friend is wrong about the deposit. Please don't take her advice.

The water bill will be something you have to come to an agreement over. Realistically he would find a back charge gard to justify, he's had 4 years to work that out! But he could very easily levy an agreed charge going forward. You do have to pay for it!

One more thing. Your house shoud have an EPC rating, a minimum energy efficiency rating. Now, you say it is a farm, with rented dwellings. Chances are they are classed as agricutural tenancies, which would exempt them, but if you are not an agricutural worker then that is not allowed, but might be tricky to find out about! You can check if your house has an EPC here

find-energy-certificate.digital.communities.gov.uk/

Overall it sounds as though you are living in a house that doesn't really meet your needs. Your landlord would have to give you 6 months notice. That has just been renewed, so is still in place. The government have asked landlords to be flexible about tenants giving notice. So if/when you chat to him ask him to some leeway in notice period and start looking for somewhere in better condition with less complicated billing arrangements!

Good luck with it.

Thanks @CuriousaboutSamphire
Has my landlord just renewed my lease?
I am on a rolling monthly contract now ?
I realise I need to pay my water bill (I thought it was inc in CT like in Scotland).
I see landlord every day but he is not addressing this or speaking to me.
I am guessing he will give me notice 1st April when I don't pay the extra rent (he replied to say the house is worth it so he expects it to be paid). I just wanted to check how quickly he can get me out.
I'd prefer to actually move out end May if possible as I need to find somewhere else. Obvs I will be paying my normal rent and the % water bill once he lets me know what it is? (tho I am worried about 4.5 yrs back payment)

he is playing on your lack of knowledge, and some of your dipstick friends are not helping.

in normal times if he gives you notice, it is 2 months until he can start legal action, and you don't have to leave until the bailiffs which are generally around six months later IF he gets all the paperwork and legals right. At the moment those times are 6 months and up to two years. You hold all the cards.

if YOU give notice you can be held to it, so don't until you have somewhere to live. There is a rental property shortage but anywhere is better than this dump run by a crook.

here's the info. Ignore mates.

www.gov.uk/government/publications/how-to-rent

From a back billing perspective, energy companies can only back bill you for 12 months if they haven't sent you bills. Whilst this is a slightly different set of circumstances I'd be surprised if you were legally obliged to pay for 4.5 years when the landlord wasn't actively billing you for it. Perhaps 12 months though.

As others have said, even if he served you notice on 2nd April because you refused to pay the increase you have 6 months to find a new home.

Please take that time, don't serve notice yourself. Take that time to find your next really good home that suits you and your family. By all means start looking today but don't hurry given your landlord was in no hurry to fix things for you.

@52andblue

Thanks *@CuriousaboutSamphire* Has my landlord just renewed my lease? I am on a rolling monthly contract now ? I realise I need to pay my water bill (I thought it was inc in CT like in Scotland). I see landlord every day but he is not addressing this or speaking to me. I am guessing he will give me notice 1st April when I don't pay the extra rent (he replied to say the house is worth it so he expects it to be paid). I just wanted to check how quickly he can get me out. I'd prefer to actually move out end May if possible as I need to find somewhere else. Obvs I will be paying my normal rent and the % water bill once he lets me know what it is? (tho I am worried about 4.5 yrs back payment)

On a rolling contract the end of a term is the end of a month, any month.

If you can speak to him again tell him you'd find all of that too much to afford at this time and so will be looking for somewhere else to live. That you will give him notice as soon as you have done so and would really appreciate his being as flexible as possible when it comes to leaving dates.

Then take your time, find the right place. It will be easier, cheaper and quicker for him if you move out when you are ready rather than him having to drag you through the court sysyem - which realistically could take him a year (6 months for the notice period and then a court order to enforce it and then bailifs to get you out - if you choose that route - PLEASE don't!). So keep on talking, emailing him, keep communications lines open.

Face what happens as and when it actually does happen.

@52andblue You may find this page from CAB useful. You'll need to review your contract in full, but this should answer your questions on rent.

www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/challenging-a-rent-increase/

I have emailed him twice and attempted to speak to him.
I am defo keeping lines of comms open.

I need some certainty as I am disabled and my kids are at High School (very rural, very few schools around). I am also on benefits and finding private rentals is almost impossible due to that certainly if I don't have a reference from my current landlord. All I have done is say I cant afford the rent increase. He simply replied 'the house is worth it, I expect you to pay it'. The water rates is obviously due to me to pay but I can't get any reply from him how much? There are a number of properties coming off one supply (not just him, its rural) so how will that be worked out? I asked him to tell me so I can carefully look at my budget from here on to see if I can afford the new rent plus water but no reply. It's quite frustrating.

Most landlords ignore references from others - the critical questions are can you afford the rent, do you smoke, do you have pets?