Advice needed - so upset

[Minniemousee]

My landlord wants to increase my rent by 10% a month and I really can’t afford it. The house also needs repairs and is outdated and I’ve had some issues whilst living here.

I explained to my landlord I can’t afford the increase and he said he will need to put the house on for sale (not to be bought by another landlord) and I will served section 21 as a no fault eviction.

Fast forward to today and he says because I put a complaint in 3 months ago because the gas safety certificate was 5 months out of date that he can’t serve a section 21. (I contacted my landlord about the gas safety and didn’t hear anything back) The gas safety check has now been done but because my complaint is on file apparently it means a section 21 would not be valid. He says she can only serve a section 8 for none payment of the amount of rent increase when it starts next month.

He has just spoke to me awfully on the phone, very condescending and asking why cant I get a job, he said he thought I’d have a job by now. he said ‘I’m not on benefits so I don’t know how it works’ but the way he said it was like he was putting me down. I have severe anxiety and I am on a back to work programme but I don’t see why I should explain myself to him. And he said it’s my fault that he can’t serve the section 21

I'm sorry you've made to feel like this. I'd recommend getting in touch with Shelter, they give great advice.
Your landlord will also not be able to evict you using a section 8 notice until you have 2 months worth of rent arrears. If you keep paying rent at the old rate it will take a while to build up until the rent arrears equal 2 months of rent. Then do everything you can to keep it under that value, if you are issued a date for court, it's important that you have arrears of less than 2months value on that date, if it is, then the section 8 cannot be enforced.

Have you signed a new contract agreeing to the rent increase?

If not, he cannot currently enforce it without appropriate notification. Nor can he serve you a section 8 notice for non-payment of rent, providing you continue to pay the rent you are contractually obliged to do (so keep paying it).

He is concerned that it will look like a revenge eviction (illegal) if he serves you with a section 21 (because, quite frankly it is one!).

Contact Shelter. Contact your local council housing team (and the Environmental Healtj team if the property is in poor condition).

Keep paying the rent you agreed (not the increased amount) and tough it out until he actually sorts his paperwork out properly. Keep everything in writing from now on, not on phone calls. Reply to his recent call on email with a summary of what was said in the call and confirm that is what he is saying. Stay dispassionate. Stick to facts.

It sounds like he is quite scummy. I'm sorry you are going through this.

If OP has not agreed to the rent increase and the landlord has not used the appropriate notification mechanisms for the rent increase, the rent increase cannot come into force and no arrears would exist providing OP continues to pay the rent that has been agreed.

Are you on a fixed term or periodic tenancy? Also, what does your tenancy agreement state about rent increases.

I thought the government capped maximum increases to 7%. It’s definitely worth speaking to either Shelter or Citizens Advice.

Apologies, I don’t think this applies to private landlords- it’s for affordable housing schemes

Thank you. I have not signed anything to agree to rent increase as I explained when he sent me the forms that it would be unaffordable

. And he said it’s my fault that he can’t serve the section 21

I’ve no advice I’m afraid OP, I hope it gets sorted to your satisfaction.

Just wanted to point out the above - if he had taken his duty properly the gas certificate would have been in place and he would be able to I
issue a s21.

Its not your fault, he has a cheek blaming you.