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Original poster

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:

MazekeenSmith · 08/03/2021 21:56

You were nuts to spend ££ on a rental house. To answer your main point no they can never give you 4 weeks notice to leave, in normal times it's 2 months (but if you don't leave after 2 months they can't evict you for a long time after that) and at the moment it's 6 months.

MazekeenSmith · 08/03/2021 21:57

Tenancy agreements don't ever need to be renewed after the fixed term has expired. It doesn't matter when your tenancy began if you are no longer in a fixed term.

BrideofBideford · 08/03/2021 22:06

Look at your contract and do some research

Do you have a rolling contract or a fixed term tenancy?

Landlords cannot just rip up the old contract and present you with a new (worse) one.

Do some research, lots of info on line

Original poster

Realitea · 08/03/2021 22:27

Thanks everyone. It sounds like they might be trying to pull a fast one.
@MazekeenSmith I didn’t spend any money, I got everything done for free. It was a promotional type of thing but everything that was fitted stayed including appliances

OP posts:

SeasonFinale · 08/03/2021 22:36

@Realitea

Thanks everyone. It sounds like they might be trying to pull a fast one. *@MazekeenSmith* I didn’t spend any money, I got everything done for free. It was a promotional type of thing but everything that was fitted stayed including appliances

It does not sound like they are trying to pull a fast one at all. It sounds like you have rolled over your existing tenancy and that they can give you notice at any time which would normally be 2 months' notice but currently will be more because of covid rules ie. 6 months' notice.

They do not need to be nice to you. They do need to let you have "quiet enjoyment" of the property.

As regards any improvements whether free or paid for that was your choice to do those.

I suspect the garden improvements they asked for was general maintenance which would be a tenant's responsibility.

springdale1 · 08/03/2021 22:36

Could it be that April is six months before your tenancy ends? If you don’t agree to the increase or new tenancy they’ll give you notice for the end of your tenancy in the autumn.

lunarlife · 08/03/2021 22:48

It is worth noting that the countries in the UK have different tenancy law OP.

We both rent and are tenants currently. In both cases we sign extensions every year sometimes with rent increases, sometimes not.

ScoobyCat · 08/03/2021 22:53

Why not actually get in touch with the LL and find out what their intentions are ?

I would be wary of letting anything the agency has told you sour your tenant / ll relationship.

DarcyJack · 08/03/2021 23:10

'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.'
This is such bad advice for all but the absolutely destitute. If you can afford to move into private rented then do it now or as soon as you have your act together. If you get evicted what sort of shabby accommodation do you think you will be offered? It is almost always terrible. If you are evicted good luck in ever finding private rented again, with no reference and an eviction against you and yes - landlords do know each other and talk to each other.

UhtredRagnarson · 08/03/2021 23:34

@DarcyJack did you actually read the post you quoted? It says “ if you require help from your la with rehousing”

It doesn’t say just wait for the LA to rehouse you.

stevalnamechanger · 08/03/2021 23:34

Sorry but "We don’t want the landlord to run our property directly" - it isn't your property I am afraid.

Call shelter or citizens advice

lunarlife · 08/03/2021 23:46

Unless you have dc or a limited number of other additional support needs the LA may not provide support beyond a list of low income private landlords.

Seafog · 09/03/2021 01:46

What sort of outdoors maintenance were you asked/told to do

Seafog · 09/03/2021 01:48

When we rented a house, we were also responsible for mowing the lawn, shoveling the drive and decks, raking and weed removal, and it was laid out in the rental agreement.
Did yours have anything like that?

MixedUpFiles · 09/03/2021 04:21

After the initial term, generally 1-2 years, the rental contract is just ongoing and doesn’t have a specific renewal or termination date so October likely doesn’t matter anymore. Either party can end it or change it as long as enough notice is given.

sweetnessnfight · 09/03/2021 04:26

You would be issued with a s.21 which gives you 6 months in the property, do not sign the new contract.

Original poster

Realitea · 09/03/2021 07:09

@Seafog yes that’s all normal and we do that but we’ve been asked strange things like can we please hire a digger and remove a hedge which is has nothing wrong with it and then put in it’s place a much bigger one! And can we remove a certain area that has always just had a load of brambles since before we moved in and plant some vegetables. It’s the odd requests I don’t like and the as for the house, please can we sand down the sills and paint a different colour.
All this isn’t up to us to do meanwhile the house needs serious work eg a damp cause is needed and plaster is falling out of the wall but these things go unresolved
I am going to find out today what right they have to issue a new contract when the tenancy isn’t up until autumn and even then it should be a rolling contract
I won’t be looking for anywhere else to live until we get a section 21. I wouldn’t leave it to go to court I would just rent somewhere else if it came to it but at least I know now that we don’t just have to leave if we don’t agree with the new contract next month

OP posts:

springdale1 · 09/03/2021 09:05

They can issue a new contract whenever they like - you don’t have to sign it but they can propose one mid contract if they want to.

They are almost certainly proposing it now because if you don’t agree to it they will serve you six months notice in April so your tenancy will end in October at the end of the term.

MadeForThis · 09/03/2021 09:36

I would ask for a preview of the contract.

murbblurb · 09/03/2021 10:19

And there is the last piece of the set - house is an unmaintained dump with a crooked landlord playing on a tenant who does not know their rights ( and even when repeatedly informed ,apparently won't read the information on their rights on the government website, or indeed flagged up on shelter etc)

House will never improve. Tenant should have left years ago but maybe too late now with so little rental property available. The final 'bingo' call would be if this is London, or if there are pets.

Original poster

Realitea · 09/03/2021 11:23

@murbblurb why do you assume I haven’t read up on my rights since posting my question? I have spoken to shelter and got legal advice and a solicitor to read through the new contract when it arrives.
I can’t have left years ago I’ve only been here for 2 and a half years! It’s not a dump thank you it’s a very nice home. It has some problems but it is a very nice house
We wouldn’t want to stay here otherwise
There are no pets and we are not in London

OP posts:

NailsNeedDoing · 09/03/2021 16:34

It’s not that it ‘should’ be a rolling contract at all, that is an option, but if the landlord doesn’t want a rolling contract then you don’t have the right to insist on it. You can ask but if they want a fixed term then it’s their property, and it’s up to them.

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

You make it sound like you think you’d be doing them a favour by staying. Considering they want to charge more rent with a new tenant, you really wouldn’t be. The landlord does have things that they should be doing legally, including fixing things that need to be fixed, but maybe they need an increase in rent to be able to afford it. It’s you that wants to stay, so it’s up to you to be accommodating, not demanding.

MazekeenSmith · 09/03/2021 16:56

Not really. If the OP refuses to sign a new fixed term and doesn't leave then the tenancy automatically becomes a rolling contract.

NailsNeedDoing · 09/03/2021 17:10

Unless she’s served notice to leave because the landlord doesn’t want a rolling contract for some reason.

MazekeenSmith · 09/03/2021 18:48

@NailsNeedDoing

Unless she’s served notice to leave because the landlord doesn’t want a rolling contract for some reason.

Even if she is served notice she doesn't have to leave

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