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Landlord getting rid of us so she can charge more rent

82 replies

Realitea · 08/03/2021 17:20

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)

OP posts:
GameSetMatch · 08/03/2021 17:57

See what happens before you worry nothing may change apart from not having an agent manage the property. IF something does happen your best bet is going to your local CAB they will know all the ins and outs of everything and will have seen these thing happen lots. Good luck!

Pepperminttea16 · 08/03/2021 18:00

@UhtredRagnarson

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.

No but to be fair you have 6 months after a section 21 notice before starting legal proceedings which is loads of time to find a new place to rent. I don’t see why anyone would stay when they know they are going to have to leave eventually.

OP, if the landlord wants you to leave, as others have said, they will need to serve you with a section 21 eviction notice which gives you 6 months before they can use the courts to evict you, to find somewhere cheaper to rent

UhtredRagnarson · 08/03/2021 18:04

No but to be fair you have 6 months after a section 21 notice before starting legal proceedings which is loads of time to find a new place to rent. I don’t see why anyone would stay when they know they are going to have to leave eventually.

Because they have nowhere to go? What are you not understanding about that?

Pepperminttea16 · 08/03/2021 18:05

@UhtredRagnarson

No but to be fair you have 6 months after a section 21 notice before starting legal proceedings which is loads of time to find a new place to rent. I don’t see why anyone would stay when they know they are going to have to leave eventually.

Because they have nowhere to go? What are you not understanding about that?

Yes but what I’m saying is 6 months is plenty of time to find somewhere to go is it not?
UhtredRagnarson · 08/03/2021 18:07

I posted on another thread yesterday how I’ve been keeping an eye on the rental
Market in my area and for the last 2 years it has been absolutely dire. There are very very few houses coming available for rent. Those that do are so expensive I simply could not afford to rent in this area anymore. Add to the fact I have cats and am on UC I am even less likely to find anywhere. I was extremely lucky to get the house I am in now and I think I would have a nervous breakdown if my landlord was to give me notice right now because it would mean we would be homeless. I would have nowhere to go.

UhtredRagnarson · 08/03/2021 18:08

Yes but what I’m saying is 6 months is plenty of time to find somewhere to go is it not?

That relies on there being houses to go to, that OP can afford. Do you rent?

MadinMarch · 08/03/2021 18:26

@UhtredRagnarson
*Yes but what I’m saying is 6 months is plenty of time to find somewhere to go is it not?

That relies on there being houses to go to, that OP can afford. Do you rent?*
Taking your argument to it's logical conclusion, do you think the tenant should be allowed to stay in the same property for the next forty years then, (at the current rent as she can't afford more) even though the landlord wishes to repossess it?

It doesn't sound very realistic to me...
This tenant needs to consider that she may need a reference from her current landlord when she does move on. If eviction proceedings have been issued, then it's very likely that she will find it very difficult to find another landlord that wants to rent to her.
I'm wondering how long the OP has lived in the property and how much the proposed rent increase is? Is it in line with other rents in the area? If the landlord is asking for an increase over the odds then it would actually be worth moving to a cheaper place?

UhtredRagnarson · 08/03/2021 18:29

Taking your argument to it's logical conclusion, do you think the tenant should be allowed to stay in the same property for the next forty years then

No I think the tenant should stay until either they have somewhere to go or the court ordered removal officers remove them from the property according to the law. Whichever comes first. This is the process that exists. I don’t see why OP should feel she isn’t entitled to use that process.

NailsNeedDoing · 08/03/2021 18:36

[quote StormBaby]@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.[/quote]
Yes, I do, and it’s shit that councils do this. It’s completely unfair on both tenants and landlords, but landlords end up with a massive bill for legal costs at the end of it, tenants don’t, and it’s them that benefits.

WombatChocolate · 08/03/2021 18:41

The thing is, the Landlord is entitled to raise the rent. It is possible to do this as part of a rolling tenancy (if terms are built in) or to offer another fixed term tenancy rather than just rolling it over and increase the rent with the need tenancy.

It is normal for Landlords to raise rent and you should expect it to happen sometimes. It is an area you can negotiate about, so until you’ve done that, don’t assume the final resulting rent will be loads more than you pay now. Often LL will ask for a rent increase but faced with a. Tenant moving out, will compromise. Remember, that the LL might get £50 per month moreover month, but if there are voids after you move out and no tenenats, it can take over a year to recoup that lost month of rent, plus often LLs need to spend money in maintenance before a new tenant is advertised for. So, don’t assume you won’t be able to stay for the same or very similar rent.

The offer of a new fixed tenancy and rental charges is the start of the negotiation. If you don’t accept it, at that point the LL will have to give you notice to quit and the 6 months starts from then......so you aren’t going to have to exit anytime soon and your existing rent will apply over the notice period.

At the moment, I don’t think you’ve actually had new tenancy agreement or rent increase actually given to you. Don’t assume the worst case scenario and that there will be a massive hike or you are about the lose your home. You could be there for years more.

Most LLs won’t want to end the tenancy of good, reliable, paying tenants to get £50 more per month. The costs of tending the tenancy are far more and can take years to recover. If there have been other issues with you as tenants, they might be keen for you to move on....but the normal notice periods will be required and at the moment, even from the first point you can actually give notice, it’s 6 months due to Covid. And then sometimes tenants still don’t go for a variety of reasons and an eviction order can take mo this and months. You could be there a very long time.

The key is to think if you wish to stay and how much you’re prepared to pay. And then when the LL approaches you, have a constructive conversation about it.

TerribleTiming · 08/03/2021 18:44

Have a look at the Shelter (England) website. Lots of advice there.

JustAnotherPoster00 · 08/03/2021 18:54

The key is to think if you wish to stay and how much you’re prepared to pay. And then when the LL approaches you, have a constructive conversation about it.

Yes OP how much of your hard work, blood, sweat and tears are you willing to give up to feed this parasite Hmm

murbblurb · 08/03/2021 18:59

Usual mix of good advice, nonsense and playground anti landlord sentiment.

Read how to rent guide and go from there. All the info is on gov.uk.

Realitea · 08/03/2021 20:51

The back story makes it even more complicated. We have added significant value to this house with some major improvements and due to the value increasing they want to raise the rent to reflect the value
We’ve only been here for three years and were of the understanding that we would get to live here for a very long time and the agents always said it would be long term.
We did something for them aswell as for us. We never expected to be treated like this.
I’ve since found out the tenancy is due for renewal in a month which is why they’re taking that date to draw up a new contract. So every time you renew your contract does that mean you are entering a new contract? Not just extending it?
So if we haven’t even had a section 21 we don’t need to think we might be having to move within four weeks. Which would help

OP posts:
springdale1 · 08/03/2021 21:01

Unfortunately your improvements are irrelevant, you should have had written into the tenancy agreement at the time that they would keep the rent the same for x number of years as a result of the works.

You don’t have to sign a new agreement, you can stay on a rolling one. I would however use the agreement to negotiate a fixed rent for a number of years to reflect the work done and specify after that rent to be increased in line with the Retail Price Index.

SeasonFinale · 08/03/2021 21:17

The agent acts for them not for you. They were never there to protect you.

Why are you paying for and making improvements to a property that you do not own?

There would appear to be no reason why you cannot stay there long term if you pay the rent the landlord is asking. If you can't then at the moment you do have plenty of time to see what else is out there for rent. Although one poster says there is not much in their area there is plenty where I live. If you find somewhere the same price or cheaper you can give notice and move. But you may find actually the increase the landlord is fair and in line with what else is on the market so it may be worth staying anyway.

Realitea · 08/03/2021 21:18

That’s what I can’t understand, why does it need to be a new agreement. I’m tempted to request a preview but I really don’t want any contact with them.
I will definitely try to negotiate rent for fixed number of years. I suppose if we had to we could pay a hundred pounds more a month if it means keeping our lovely home. I’d just have to cut back in other areas. They would really have to respect our privacy though and do the repairs

OP posts:
Realitea · 08/03/2021 21:20

@SeasonFinale I don’t want to give too much away but we didn’t have to pay for any of the improvements as it was a perk of my job. It was all free

OP posts:
murbblurb · 08/03/2021 21:24

One more try. Which country are you in?

MsSquiz · 08/03/2021 21:30

You have chosen to improve a house that isn't yours. There is always a risk with that.

If the landlord was happy with things as they stand, you could go onto a rolling tenancy agreement, but seemingly yours is not as he wants to increase the rent. That is his prerogative.

How did you not know when your contract was due to end? There would have been a start and end date.

The agent had no business promising you a long term let, it is not their call to to make. The agent works for the landlord, not the tenant.

You need to have a look at your contract to see what is mentioned by way of end of lease, changes in rent payments, etc

StormBaby · 08/03/2021 21:32

@Pepperminttea16 I know full well if my landlords wanted me out we would never stand a cat in hells chance of getting anywhere else. We would have no choice but to wait for council housing. We have three dogs, no savings, terrible credit rating and are already completely stretched as to what we could afford. My entire wage goes on the rent. It’s not as simple as ‘just find another house’

Realitea · 08/03/2021 21:34

The contract is due to end in the Autumn which is why I was confused when they said that it was due for renewal in April.
I guess there is always a risk in improving a house that isn’t yours. It just seems unfair when we are ordered around to make silly garden improvements and things like that which aren’t in the contract and don’t need doing when we have already looked after the house so we’ll and can’t get repairs done.

Sorry @murbblurb I’m in the UK. I must have missed it last time you asked

OP posts:
UhtredRagnarson · 08/03/2021 21:38

Do you have a copy of your contract OP? You think it runs until the end of autumn but they are saying April?

Also if you are happy to stay and pay more then it’s in your interests to sign a new contract as that will mean you are assured your tenancy until the end of the term (presumably a year?) whereas if you don’t sign it and are on a rolling contract you can be given notice at any time which will be 2 months notice after this month (I think)

WombatWomb · 08/03/2021 21:43

Is it a reasonable increase in line with the area/condition of the house?

Rents increase every couple of years, they always do.

Realitea · 08/03/2021 21:55

They could put anything in the new contract
We are sure the landlords want us out
Yes the tenancy began in October a few years ago
Do they need to be renewed every six months though?
I’d be happy to stay and pay a bit more if they can make sure to treat us nicely as they haven’t so far

OP posts: