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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

New landlord is upping my rent by £250pm

147 replies

Snoophoggyhog · 15/07/2018 20:45

My landlady passed away before Christmas and has left this house and a few others to her nephew. I'd heard nothing for months other than from a solicitor to say to now pay the rent to them which I've been doing. Yesterday I received a solicitors letter saying that my new landlord can't afford the inheritance tax and therefore proposes to raise my rent by £250pm! My rent has been a bit lower than other houses in my area because it is quite dated and the landlady wouldn't do any work on it. Over the 8 years I've lived here I've paid for a new kitchen, carpet and redecorated throughout, new windows, cavity wall and loft insulation, had a shower fitted, new radiators and boiler, new fence panels and other odd jobs. There's things that need doing but it seems he just wants to put the rent up and not maintain the house. It's never had gas and electric safely checks and I had all the fire alarms fitted. AIBU to say I won't pay more rent until the house is modernized and safety checks done or will he just hand me my notice? It says in the letter if I can't afford the extra money I will have to move out. There are no oother properties suitable nearby and my ds 5 is settled at his local school. TY in advance for any advice, experiences

OP posts:
ThereIsNoSuchThingAsRoadTax · 15/07/2018 21:33

You should contact shelter, but before that 1. A landlord cannot simply increase the rent without your agreement unless there is a clause in the contract stating what, and when, the increases will be. 2. With no safety certificates (and a protected deposit) he cannot evict you. 3. Never again spend your own money to improve a landlord's property.

Maelstrop · 15/07/2018 21:36

You should not have paid out money for repairs/replacing kitchens etc. BIG mistake.

No gas safety check? Why have you tolerated this? There should also be a legionnaires’ test.

Do you have a tenancy? No deposit? You have been foolish, but as a tenant, you have a lot of rights, so those saying it sucks to be a tenant in the U.K., please, just stop. If the OP wants to stay, then she can demand stuff, might not get it, but it’ll take the landlord months and a small fortune to get rid of a tenant.

Racecardriver · 15/07/2018 21:37

Not having gas safety checks is a big no no. Why not tell him that you will be able to pay x amount extra per month. If that doesn't suit then he can give you your notice and you can report him for renting the property illegally. In the end there us nothing you can do to stop him from raising the rent if he so chooses but you can make him suffer for breaking the law. You can also try to take the kitchen etc with you arguing that they were tenants fittings not fixtures. You can definitely take flooring and curtains. Other things depend on whether they are afixed to the property. So things like kitchen appliances for instance as general considered fittings that you can take as well. If the kitchen is free standing then you can probably take that too. If you look up 'tenants fixtures land law' you will probably be able to find a fairly comprehensive list.

Original poster
Snoophoggyhog · 15/07/2018 21:46

I was mislead by my ex's grandparents who lived here before. They said they had never had any problems. I found out afterwards that when they moved in it didn't even have worktops or a boiler! It's in a lovely location on a cul-de-sac, garden backs onto a river and it's a short walk through some woods to the playpark and reservoir so guess when it came available I just snapped it up. Will be really sad if we have to move especially as the DC are so settled and have some lovely neighbour's but it's alot of money to just find and finally got it feeling homely. I'm going to suggest he can put the rent up once the work is done and safety checks are completed. I will save money on bills once certain work is completed which can go towards the rent

OP posts:
NynaeveSedai · 15/07/2018 21:48

Ok, don't panic.
Firstly, the lack of paper tenancy agreement doesn't matter. You have a de facto agreement and all the rights that entails.
Secondly, he can't just out the rent up. He can propose a new tenancy agreement with higher rent, but you can decline. If you decline then the rent terms continue until/unless he takes you to court for possession.
His suggestion of £250 should be treated as an opening offer. If you plan to move within the next 6 months then simply say that; and suggest that the tenancy remains periodic until you leave. He won't be able to disagree, as he would have to initiate eviction proceedings which would take longer than 6 months and cost him money.
If you want to stay, then consider what you would/could pay extra and what you would need doing before you would sign a new tenancy agreement. You could counter offer with £100 pcm increase upon completion of xy and z work and gas safety checks.
You are in a strong position. The only worry is that he sounds like an ignoramus who doesn't know the law and he may well try to coerce or threaten you into paying more or leaving. He cannot do that.
Speak to shelter tomorrow to get clarity on the law before you act.

TwatSlapper · 15/07/2018 21:49

No gas safety certificate is an offence. The LL is legally required to get one done - at his expense - every year. No exceptions.

I am not sure how helpful the stupid "You should not have spent xyz on a rented house" are. It's not just a "rented house"....it's her home. And if she had a reasonable expectation of being able to stay long term, and the rent was under market value anyway, lots of people would have done the same. And what is she supposed to do about that now anyway?

OP....whether you have a contract or not is irrelevant. The law assumes one for you and you have the same protections as any tenant on a periodic assured short term contract.

What you don't have is security of tenure. The LL can give you notice to quit for any reason he likes. BUT, in certain circumstances, if it can be proved that his reasons are unfair, you may be able to stop it.

For example, if it could be shown that he was slinging you out as revenge for demanding essential repairs then a judge can refuse the eviction. It MAY also be the case that if he is evicting you because you can't pay an unreasonably high rent a judge could make the same determination.

But you really need legal advice...either Shelter or CAB.

Original poster
Snoophoggyhog · 15/07/2018 21:51

If he is unreasonable and can't come to some agreement I will take everything I've put in (except the windows 😂). There is no contract stating any of it is his and I have receipts. If I move out he wouldn't be able to rent it as it is anyway (tiles cracked on kitchen floor, cracks in ceilings, shower currently not working, water tank too small to run a full bath so have to run until water starts getting cold then wait for tank to fill back up). I really wouldn't want to go down that route though as it's just not me

OP posts:
Jeippinghmip · 15/07/2018 21:52

He can try and put the rent up but you have to agree to it. That amount of a rise is clearly unacceptable. Write back and say you don't agree to the rise but you are prepared to pay an extra £50 PCM.

londonrach · 15/07/2018 21:56

Talk to cab and shelter. Never ever spend money on a rented hiuse bar replacement bulbs etc. The gas certificate is illegal. The proposed suggestion of £250 if just a suggestion but if you turn it down ll can give you a section 21 (you be paying old rent still) which gives you 2 months. When do you plan to move in with your boyfriend

Original poster
Snoophoggyhog · 15/07/2018 21:59

Thank you for all your great advice. It was just a shock to receive the letter yesterday after hearing nothing!
I know I shouldn't of had all the work done but just wanted somwhere nice for my DC's to grow up especially after having to leave a house I owned with ex due to DV. I left with my ds and one bin bag and we moved in with my friend and all stayed in her bedroom until I found somwhere but that was full of damp and my ds developed asthma. This house despite all the work its needed doing has been the happiest and most settled I've ever felt and doing all the work made me feel proud of how far I've come and that we could have a lovely home again

OP posts:
Original poster
Snoophoggyhog · 15/07/2018 22:04

Moving in with my partner would mean moving to a new area and ds going to a new school. We said we want to do it before he starts juniors. When LL passed away it was a consideration that new LL might sell up so it was an option to move in with dp sooner but now he's been made redundant recently it's not a wise move especially seeing as I'd have to find a new job too

OP posts:
NynaeveSedai · 15/07/2018 22:04

can give you a section 21 (you be paying old rent still) which gives you 2 months

2 months to choose whether to leave or not. Perhaps you would; but the landlord doesn't know that and doesn't need to. Honestly, pushing you to the point where you move out is NOT in his interests.

I live in a ratty old rented house that was dated 10 years ago when I moved in. The most I've done is repaint a couple of rooms that went mouldy. The LL got a new letting agent to come and value it and they insisted it was worth £250pcm more than I was paying. I respectfully pointed out that it might, if it was modernised, which would cost the landlord £££££ and time. He put it up by £50!

Original poster
Snoophoggyhog · 15/07/2018 22:10

I'll try pointing that out too @NynaeveSedai thank you

OP posts:
rollingonariver · 15/07/2018 22:16

I know you say you're settled but to me it sounds like you're settling. I'd be getting a new rent, it's not worth having a bad landlord (trust me they really can make life hell).
Get somewhere nice where the house isn't falling apart! He won't be able to rent it out to anyone else if it's falling apart anyway.

MajesticWhine · 15/07/2018 22:19

Can you afford any rise in rent? Maybe a deal can be done? You offer some of the increase eg £100 pcm in return for a few repairs or improvements.

Souledout · 15/07/2018 22:24

I thought they could only increase by £50.

Original poster
Snoophoggyhog · 15/07/2018 22:25

It's not falling apart now I've done alot of the work but on close inspection there are alot of bits that need doing as well as the shower etc. If it was empty it would be glaringly obvious that stuff needs doing but with my things strategically placed if someome called round they would probably consider it a nice home as it's clean and tidy etc. I wish it was as simple as finding somewhere else! There is an estate agents at the end of my road and the rental properties are always let plus because I receive a little bit of wtc and am self employed some LL won't touch me. I will go online tomorrow once I've spoken to relevent people and see if there are any available as a back up and just so I know before I agree or decline anything.
Given its taken around 8m to get this far I'm hoping the new tenency agreement etc takes a while too

OP posts:
Original poster
Snoophoggyhog · 15/07/2018 22:28

I think the £50 is only if its the same LL. The solicitor said I would be getting a short hold tenency agreement in due course. I won't sign anything until I've got advice though and looked at my options

OP posts:
Scrowy · 15/07/2018 22:29

Your landlord is this guy isn't it? Grin

inews.co.uk/news/long-reads/i-couldnt-look-eye-farmer-couldnt-slaughter-cows-turning-farm-vegan/

Surely there can't be more than one slightly deluded farmer-cum-vegan in the country?

KokoandAllBall · 15/07/2018 22:31

It might be worth posting in legal to see where you stand on your own fixtures and fittings. Is there anything in your contract that says any replacement flooring/units your purchase must be left?

If not, take everything you paid for (that you have proof of) when you move, and anything you will have no use for, see if you can sell it.

NynaeveSedai · 15/07/2018 22:31

Your tenancy agreement doesn’t change even if the landlord does. They can put the rent up with a new tenancy agreement but as I’ve said you aren’t obliged to sign it.

NynaeveSedai · 15/07/2018 22:32

She doesn’t have a contract. Taking the things you’ve paid for would be legal but you’d have to eg have his old kitchen put back in so you leave it as you found it.

Original poster
Snoophoggyhog · 15/07/2018 22:32

Yes @Scrowy that's him 😆

OP posts:
Original poster
Snoophoggyhog · 15/07/2018 22:35

The doors were coming off in the kitchen. I kept the carcasses and just replaced the fronts thankfully. They never came to the house between old tenants moving out and me moving in so they have no idea what it was like. I have pictures from over the years and before and after pics of alot of the work completed though

OP posts:
londonrach · 15/07/2018 22:36

Op...you dont have to ever allow access for viewings!