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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Can a landlord do this?

35 replies

Cleooo · 27/02/2023 17:09

Just wondered if this is something landlords can do as I was under the impression that its not but wanted to check.

a family member of my landlord may be buying the house and taking over as landlord. buying the house as tenant in situ but immediately wants to raise the rent by £65. I’m already struggling as it is. Can a new landlord raise the rent straight away?

OP posts:
Original poster
Cleooo · 27/02/2023 23:33

Thanks all. When I came to get the keys and sign for the house I was not given any paper work at all. I signed the agreement and he told me to take photos of it on my phone and then left as he said he had a dentist appointment and he took the tenancy agreement with him. There was no inventory done or anything like that either so I had to take my own photos

There was no up to date gas safety certificate when I moved in. I had to keep chasing this up and he eventually told me to sort it with his gas engineer. I moved in the June that year but the gas safety wasn’t done until October. It’s now expired again

OP posts:
Original poster
Cleooo · 27/02/2023 23:35

My deposit is protected by the DPS which apparently will be sent back to me and then I need to send it to him so he can then send it back to the DPS in his name as the new landlord

OP posts:
FlowerArranger · 27/02/2023 23:44

Do you have a certificate for your deposit?
I'd give the scheme a call before you do anything.

What about the rest of the stuff I listed?
If any of it is missing you have a case to sue him.

Toomuchstuffwillkillme · 27/02/2023 23:46

Current landlord definitely hasn't done everything they should have, and potentially this helps you out. As other people have said please have a good read of everything a landlord is obliged to do - e.g. www.lettingaproperty.com/landlord/blog/gas-safety-checks-landlords/

Toomuchstuffwillkillme · 27/02/2023 23:50

and have you ever seen an EICR for the property? You should have one of those too...

Original poster
Cleooo · 27/02/2023 23:58

@FlowerArranger I was given no paper work at all. He took the tenancy agreement with him after he told me to take photos of it on my phone. The only thing on that list I do have is the deposit protection certificate

@Toomuchstuffwillkillme this was done 4 months after I moved in and the gas safety was done around the same time

Also no smoke alarm on top floor which I tried to chase up and he just kept telling me to contact his electrician but he did actually let me move in with no smoke alarms at all

OP posts:
Original poster
Cleooo · 28/02/2023 00:05

Also when I was chasing up the smoke alarms he was acting as if it was my responsibility to sort this and that I just needed to ‘keep on’ at the electrician

OP posts:
WhenImTwitchingCurtains · 28/02/2023 01:02

Your current landlord is potentially in a lot of trouble. When he sells the property, he will want you to leave on your own accord, but the reality is that because he has failed to perform specific requirements by law, such as provide you with: a How to Rent guide at the start of your tenancy; a valid EPC and a gas certificate, it means that he will not be able to serve a Section 21 notice to evict you. It appears the only thing he has done correctly is to protect your deposit (despite now being at risk of possibly having to pay you back 3x the initial deposit amount! He might try to persuade you to sign a release where he does send you an updated version of the How to Rent booklet, but I would recommend that you not sign anything. From what you have shared, it seems as though you are legally able to stay in the property and challenge any eviction notices. As your landlord has failed to provide the above, you can also claim up to three times the deposit amount if you do decide to leave.

I wouldn't worry about the new owner. They are unable to force you to sign a new contract because the old tenancy agreement still stands until you either voluntarily agree to move out and ask for 3x the deposit you paid because the landlord failed to produce his duties, or your landlord is able to have you evicted which seemed highly unlikely.

As others have advised, you should speak to Shelter and your local CAB.

Good luck!

dizzydizzydizzy · 28/02/2023 01:26

Your landlord will have to produce a current gas safety certificate to sell the property. The buyer's solicitor will insist on it.

Saracen · 28/02/2023 01:47

A number of people on this thread have given you inaccurate information. I suggest you post on a landlord forum such as forums.landlordzone.co.uk/forum/residential-letting-questions where they will give you good advice, not just about the legalities but also about where you stand practically.

For example, with the shortage of properties to rent at the moment, you may be between a rock and a hard place. If you leave the place you're now living, you may not be able to find anywhere else, and if you do, it may well cost even more than the proposed new rent on your current property. So you might decide it is best to accept the rent increase. Get good advice and think carefully before deciding what to do. See what Shelter suggests too.

Good luck - it's a hard situation to be in.

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