Landlords increased rent with no paperwork

[Threelittletweets]

So, I moved into my privately rented property around 3 years ago, I don’t rent through an agency but directly from a landlord and we agreed on a rental price which was affordable for myself at the time when I moved In.
Throughout these years the rent has slowly increased- £50 here, £30 there which I was told I had to agree to pay or I would be evicted.
My options are very limited, and I was so worried about being homeless so I just payed the increase and now the rent has increased to an unaffordable price.
Of course I am aware that the landlord can increase the rent if they want to, but I’m wondering where I stand if I’ve been paying this increased rent amount for over a year now without actually signing anything?
Some of the rent payment have only partially been paid the last few months.
My landlord has now threatened me with eviction.
I’ve never actually signed anything to agree to paying the increased rent. My original tenancy still states I should be paying the original rent amount agreed when I moved in.
Where do I stand with this?

Does the original tenancy agreement not make refer to an annual rise?

No there is no mention of a rental increase on the paperwork

Doesn’t sound legal. Speak to shelter and your local council - many now require landlords to be licensed. There are several steps that are required for eviction, including providing some specific paperwork (right to rent, EPC). Even if they did serve you with a section 21 to evict, they have to give you 6 months notice currently (because of covid). Don’t stress, don’t be bullied, keep paying your rent.

If you have paid the increased rent the courts will see this as you having accepted the increase, you’ll have no recourse unfortunately.

@thatonehasalittlecar
Thank you for your reply.
I hadn’t thought of shelter but will give them a call.
Ive emailed my local council and waiting on a reply.

@21flora I did think that.
Surely a landlord would still have to have it in writing? As when they are asked to produce evidence on rent it will only state that I should be paying the original amount as that is all I’ve signed.

No, you’ve made a verbal agreement. If you’d challenged the rent review he’d have had to serve a paper notice of rent increase but as you paid you’ve accepted it. He would be able to demonstrate that you accepted by showing your rental payments.

‘If you pay the increased rent only once, this would mean that you have accepted the rent.’ From www.thetenantsvoice.co.uk/advice_from_us/rent-increase-and-section-13/#what_if_you_dont_accept_the_rent_increase

@21flora ok, thank you

Look into evictions - as a landlord I'm aware the courts are very hard to get evictions through at the moment - covid slowdowns and allowances as people haven't been able to meet their rents - don't let them scare you - do some research. It's a shame they can't be more ethical and fair -

www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/coronavirus-covid-19-guidance-for-landlords-and-tenants#:~:text=At%20the%20expiry%20of%20the,a%20very%20good%20reason.

I would try and have an open dialogue with the landlord. For him to legally evict you will take months and months and potentially cost him thousands...

On a separate note - has he obtained an electrical certificate along the new guidelines that started April 2021 and annual gas certs - I think if he's not kept to regulations it again will prevent him being able to evict

@PlateSpinnerJuggler You sound like a lovely landlord!
I’ve been Googling so much about evictions, it does give me a little reassurance that it is not an easy or cheap process, and it would be quite lengthy.
I have politely discussed it with my landlord and explained I’m finding it difficult to afford. Unfortunately I was not met with any polite responses.

Also no up to date electrical certificate or gas.
Repair work needed that has been going on for years now

England - There is a procedure for raising rent, there are even fair rent tribunals. If you refuse the increase landlord can serve a section 21. Six months notice of legal action, not six months notice to leave. Probably about two years to the bailiffs assuming all the legals are correct.

No one is being evicted at the moment. Eviction costs are theoretically on the tenant but it is rarely enforced.

Read the how to rent guide online and follow further links.

I've just spotted that you are behind with the rent. That could trigger a section 8 but you need to be a long way behind. Still no eviction and I believe there is a 60 day debt grace period at the moment.

Oh and what a surprise , illegal shithole. Section 21 will fail and lack of gas Safe is a criminal offence.

There's no enforcement even in normal times. The way to stop shit landlords is to leave.

@murbblurb thank you, this has lowered my anxiety so much! Unfortunately the landlord has been playing on my situation knowing that I don’t have many other options and has become a bit of a bully.
I am slightly behind with the rent not even two weeks, but I’m just worried this will build up as, realistically I can’t afford it

Huge fine for no current gas safety cert....I doubt he will evict or increase rent if you mention this !!

Yes,bad landlords play on uninformed tenants so knowledge really is power here. You need to be two months behind before a section 8 can be issued or 8 weeks if you are paying weekly.

This is where shelter can actually be of use - they only give advice ( not shelter) and it is all online so no need to hang on the phone.

You do need a longer term plan to rent somewhere you can afford ( and isn't an illegal dump) but you hold all the cards for some considerable time.

Can you afford the rent you agreed to when you moved in? What is the increase, as a percentage? Pay as much as you can, and certainly not less than the original amount. Knowledge is power: get advice from shelter, read the relevant government pages, the right to rent pamphlet your landlord legally has to give you etc etc. As PP says, even if he gives you a section 21, that’s 6 months notice, and if you stay put he then has to start legal proceedings to evict - there’s currently at least a 6 month backlog, in some places more like a year. Then he has to give you more time to comply with the court order and then he has to get bailiffs in. It’s in his interests to come to a compromise so talk to him, armed with the knowledge you’ve gained. Good luck!

@thatonehasalittlecar yes, I can definitely afford the original rent price. The increase is 25%
I’m going to get in touch with shelter.
Unfortunately the landlord is totally unreasonable to talk to, often just telling me to shut up if I state the law to him. So unfortunately I think if I try to reason again I will be met with the same response

www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

How much is the rent and how much are you managing to pay? And when was last time you paid the full rent?

How much and date when you started and when were increases and by how much?

Do you want to stay where you are?

I hope he didn't make you increase during the pandemic... I have loans so I get that you can't be easy on everyone and that maybe landlord relies on this income for his own personal living expenses / pension / mortgage cover etc but if he can manage and has multiple properties it's not on.

The above is for the new electrical requirement. You have to think of things like grenfell - as much as they are clearly bigger items, landlords must follow regulations to ensure their properties are safe.
Talk nicely about how you want to stay but are struggling and would like to come to an agreement that can work for you both as evicting you will just lead to additional agency costs and refreshing the propert and covering vacant which surely will be more than the amount you're asking him to consider reducing the rent back down to and whilst on the subject ask oh by the way do you have the gas and electrical certs for my files.

Don't just ask for those documents because it may make him back down on the rent chasing but also you need to make sure you're living in a safe property

@Threelittletweets

No there is no mention of a rental increase on the paperwork

Most leases run for 6 or 12 months, after that it can turn to a rolling lease. The landlord can put the rent up he just needs to give you reasonable notice. Partial payments can and will lead to eviction, you need to agree and stick to a repayment plan to pay the money you owe.

If the place is too expensive for you, your only option is to look for somewhere cheaper

Bear in mind if you have no current gas safety certificate he can't evict you anyway. Did he provide all the correct prescribed information when the let began?

You could look into taking him to a tribunal I'd the rent is not in keeping with the local area for size of property.