Landlord getting rid of us so she can charge more rent

[Realitea]

My landlord has been acting strange since we said we couldn’t afford the rent increase due to covid putting me out of a job. Since then they’ve tried (through the agent) to get us to do all sorts of costly things to the house and garden which we aren’t contractually obliged to do
Now it’s come to a head and they’ve sacked the agent. The agent said to cancel our rent payment to them immediately as next month it will go to the landlord direct
We don’t want the landlord to run our property directly
They’re bullies and have harassed us ever since we moved in and we won’t have the agents ‘protecting’ us any more!
This is where I’m confused: the current contract ends next month. They want us to sign a new one

I know this new one will be so ‘out there’ that we won’t sign it. The rent will be much higher for a start.
So how much notice must they give us? One month from today? We won’t know about the contract unless we see it and we can’t until that day. So if we don’t sign it are we automatically without a home?
It’s an assured short hold tenancy (I think it’s in a rolling contract)

You can’t be forced to sign the contract, your old one rolls on. They can give notice and there will be a mechanism to increase the rent so in any circumstances it’s time to start looking for somewhere else, but you should be able to take a couple of months over it.

Thank you. I thought the existing contract should roll on aswell. I wonder if the agents have got the best legal advice as it seems like no one has any answers for me.
Can a landlord evict you if you don’t agree to pay the rent increase?

I’m sure there’s some sort of Covid eviction protection in place.
Speak to your local housing association and citizens advice bureau and try and get everything in order before you’re pushed out.

Check with your local council, I know that in Scotland due to covid as a landlord we have to give 6 months notice if we wanted our tenants out. It’s only a month on their side though

I don't think you can just not pay rent because your LL has sacked the agent.
If you don't want to pay rent then you can't stay. You can't stay and not pay rent!

There is a process for handling contested rent increases which ultimately can end in eviction but it takes months. I would contest the increase if genuinely outrageous (look at market rents as they may well have increased more than you think), but if the relationship is that bad it’s time to move.

Can a landlord evict you if you don’t agree to pay the rent increase?

If they can't everyone would be paying rent at a tenner a week still!

Can a landlord evict you if you don’t agree to pay the rent increase?
I might be wrong, but I think as long as they service notice and follow set procedutes then they can terminate the contract, otherwise being a landlord is indefinitely handing your property to someone else.

Should the tenants refuse to leave then it becomes a costly (for the landlord) battle to evict the tenants through the court.

If the landlord has stopped paying the agents to manage the property then the agents probably won't want to get involved. Agents are primarily there to manage properties for landlords, not to advocate for tenants.

I didn't read that she planned not to pay rent.

@Blancah

I don't think you can just not pay rent because your LL has sacked the agent. If you don't want to pay rent then you can't stay. You can't stay and not pay rent!

I'm pretty sure the OP is just relaying that the agent told them to cancel paying rent to them and and instead pay it to landlord. I don't think the intention was to stop paying at all!

England? Read the how to rent guide which you should have been given. If you weren't. It is on gov.uk. min notice landlord to tenant is two months normally, six months at the moment. That is notice to start legals, not notice to leave.

Yes. Contract rolls on at expiry of fixed term, can't be stopped. There is a formal notice for rent increase. If you don't accept landlord can start procedures to evict. About 18 months to bailiff at the moment, once the eviction ban expires.

Your landlord is playing on your lack of knowledge so get informed. He has no right to access or harassment. Look to move,although rental property is scarce in some areas as many landlords are leaving the profession.

The landlord is clearly struggling for money too right now, as many people are thanks to the pandemic.

You don’t have to sign the new contract or pay for a rent increase, but don’t expect to stay there indefinitely if you won’t, the landlord has every right to give you notice. Just don’t be an arsehole and actually leave at the end of your tenancy instead of being one of those people that thinks it’s ok to cost a landlord thousands by forcing a bailiff eviction.

Due to covid your contract will run on and they need to give you 6 months notice before the end of March then 2 months after. They also need to put your deposit in a scheme. You don't have to allow viewings only essential things like gas/electric check. Check all of this with Shelter or similar though as just what I've heard on the news.

OP your current contract will end in a month and then it becomes a rolling contract if you don’t sign a new one (which you shouldn’t and don’t have to) the landlord can give you notice. Legally they just give you at least 2 months notice. However that doesn’t mean you have to leave in two months. If you don’t have somewhere to go by the end of the two months you stay put and the landlord then has to begin eviction proceedings. This can take months, particularly now due to covid related delays. So you won’t be homeless any time soon. But you must pay the rent throughout this time. Even if it is an increased rent. In your shoes I would be looking for a new place ASAP. I also wouldn’t be providing any of this information to your LL or telling them your plans. It’s up to them to issue the correct notice and do everything by the book. It isn’t up to you to remind them of this obligation. If they give you notice get it checked to see if it is legal. If it isn’t, say nothing! They’ll find out when they go to court that they haven’t done it properly and they have to start the clock again and give you a new 2 month notice.

I wasn’t saying I won’t pay the rent?! 😮 I meant the increase. Thank you everyone for your advice

Just don’t be an arsehole and actually leave at the end of your tenancy instead of being one of those people that thinks it’s ok to cost a landlord thousands by forcing a bailiff eviction.

If she has somewhere to go she will leave, If she has nowhere to go she can’t leave. None of that is being an arsehole.

Ignore @Nailsneeddoing op. If you require help from your la with rehousing then you sit tight and let your landlord go through the eviction process. You could be treated as making yourself voluntarily homeless otherwise.

Yes the landlord may well be struggling for money but they should have appropriate contingency and insurances in place.

Currently your landlord must give 6 months notice requiring you to leave and as a pp mentioned this is 6 months before the court process can start, not 6 months and your out.

@UhtredRagnarson thank you that’s brilliant advice

The landlord would have been paying 10% of the rent to the management company. They are now saving that. Hang in there.

I’d start looking for a new house - if you don’t agree to the increase they can serve a S13 notice on you to increase the rent. If you still don’t agree you can ask for a tribunal to make a decision on the rent but they’ll likely side with the increase if it’s in line with market value.

Of course it’s possible you don’t agree to the rent increase and she serves you notice, minimum of six months at the moment.

Either way I’d start looking for a new rental if you don’t agree. Generally a reasonable increase would be one linked to the retail price index or average local rents.

@NailsNeedDoing you do realise that going down this route is the only way to get help from the council? You can’t apply for emergency housing without being evicted. It’s the government rules that need changing.

Op @murbblurb and @UhtredRagnarson have given you great advice. Do also speak with Shelter who can confirm all of this.

Please ignore @NailsNeedDoing and the inevitable additional posters who will tell you you need to leave or 'won't anyone think of the poor landlord'. Landlords should know the rules and have contingencies in place for these things. None of that is your concern.

Judging from my experience of managing agents I wouldn't believe a word they said. If your landlord is saving the fees there might be a middle ground for an increase.

Sorry to hear about your job - I hope you get a new one soon.

Have you actually asked the landlord for a copy of the new tenancy agreement so that you can consider it? What percentage increase is being proposed? Is it in line with inflation, or have there been previous years with no rent increase?

What non contractual things have they asked you to do to the house and garden, and how much would they have cost?

I don't think you can dictate that you don't want the owner of the property to manage it - I would assume that they have had to dispense with the agent's services as a way of reducing overheads given that you won't pay the increased rent.

I think you should seek proper advice - someone mentioned Shelter. But I also think if you can avoid a confrontation with your landlord it would be better - you might be able to extend the time you get to stay in the property by some months, but I wouldn't underestimate the stress that eviction proceedings could place on you.

Having to go to court to evict a tenant is predictable and plannable cost of a land-lording business. All landlords should expect and plan for this with every tenant and have insurance or savings to cover it. Just like nightclub owners plan to remove patrons who are reluctant to leave by employing security staff. They don’t need them for every patron, but they plan for when it is needed.