Section 13 rent increase notice.

[Doagooddeed]

i wonder if someone can help me please?

I am being evicted, served a sect 21 notice... all correctly BUT i have also be served a sect 13 one and asked to pay rent arrears back until march.

the agency say i was sent the section 13 in February but i never received it, in the past, they would post, email and deliver by hand but this time it was only posted.

However, i only have their word for this, they cannot even provide proof of posting & because i never got it, i cannot challenge the rise at a rent panel.

Can they do this?

oh and they if i don't pay, they will deduct from my deposit which is in a protected scheme.

They will need evidence that they sent the letter. Without it, they can't prove anything. Their suggestion that they will help themselves to the deposit is indicative that they don't know what they are doing/trying to bully you into paying. The minute you willingly hand over money, you will be acknowledging receipt of the notice so do ignore their bullying.

They cannot simply help themselves to your deposit to settle a dispute, the law exists precisely to stop them doing so. It will have to go to an adjudication and they will need to prove that they are owed the money, which they can't seem to do.

@BetterFuture1985 oh thankyou for your reply.

the deposit is in a TDS but as i understand, they can refuse mediation and take the money, i then have to go to the small claims court?

I'd imagine them refusing mediation (alt dispute resolution) would look bad on them.

Its all very unclear what the term "serve" means in relation to section 13, Shelter, CAB, Gov.uk... no one seems to state what it really means, the nearest i got was it can be served by "post" but this isn't like a speeding fine where you are dealing with responsible organisations & there is evidence - letting agencies, like car parking ones, are a law onto themselves.

the deposit is in a TDS but as i understand, they can refuse mediation and take the money, i then have to go to the small claims court?

They really are trying it on with you aren't they? The minute they've got the money they know it'll be seen as your acceptance of the debt/acknowledgement of the letter.

Which DPS is the deposit with? I will read their rules quickly.

PS: Letting Agents are a "law unto themselves" because so many of them ignore the law, safe in the knowledge tenants won't be any the wiser. In fact, a lot of them are just chancers who don't understand the law themselves. They're just parasites to be honest.

Do you owe the LL rent arrears OP or not? Your post is a bit confusing.

I'm confused. If you owe rent, then please make arrangement to pay it. They're not being unreasonable expecting you to pay your rent as you agreed.

This is a very good example why the removal of S21 will be much much worse for tenants going forward, who when evicted under section 8 grounds will have to pay arrears and get a CCJ to boot.

Also, "serve" can be that they posted it to you by 1st class post.

But they would need to prove that they posted it and the tenant received it. The OP says she didn't receive it. If she didn't receive it then she doesn't owe the increased rent.

To be clear, i am paying rent as jointly agreed at my last rent increase.

Last month they asked for arrears for 2 months based on that they said they served me a sect 13 notice.
I never got this notice, they have back dated it to Feb, so now i can no longer appeal.

So they are being unreasonable expecting me to pay rent i never agreed too, i cannot start paying the new rent, as to do so would mean i agree to it.

What i'm after is clear legal advice on how a section can be served, if its by first class post @Treacletoots not signed for/recorded, then any LL can get round any rent appeal by just saying they posted it a month ago, you the tenant never responded to the sect 13.

As far as i can tell, sect 8 can now be used as a sect 21 is now, the LL says i want to sell/move back in, 2 months notice, tenant has to move.

The removal of S21 means the LL can still evict under S8 "need to seel/move back in" and the tenant has 2 months to leave.

Of course the LL can then change their minds, and put up the property again at a much higher rent (which is what i suspect my LL is planning on doing) or to tenants who will put up with a poorly maintained property.

Such is the state of the housing market, that my council has advised me to stay put, await the court hearing, probably 6 months and defend on grounds of retaliatory eviction... if i leave beforehand, i will be deemed to have made myself voluntarily homeless and will not get help.