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?

The electric testing is every 5 years I believe.
If you are paying via the bank there is a record of payment.
www.gov.uk/private-renting/rent-increases.

@PlateSpinnerJuggler The rent is £925 I have only managed to pay 525 last month, before that full rent.

I’d have to check the exact dates on increases.

No i don't want to stay where I am, but I really do have limited options rentals are expensive in my area, and I want to stay local for my children

There was an increase during pandemic and he has at least 5 properties that I know of.

@PlateSpinnerJuggler

https://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.

Not every landlord has multiple properties. I'm a landlord with one property, if my tenant didn't pay up I could risk loosing the house and loosing my good credit history. 25% increase over 3 years is roughly 7% a year which isn't wholly unreasonable. Yearly gas checks should be carried out and tenant should ask for a copy of the cert. People cant use the pandemic as a reason to not pay or accept increase. There was a period of time you could ask to delay paying rent, eg, losing your job, but that rent break has to be agreed by the landlord, with a replayment plan put in place

[quote cabbageking]The electric testing is every 5 years I believe.
If you are paying via the bank there is a record of payment.
www.gov.uk/private-renting/rent-increases.[/quote]
It's every five years but only became regulation this April - so not many people had them in place before that - unless a new build or nee tenancy

@HalzTangz I did say I get that people have mortgages and rely on income but if he has multiple properties... OP has confirmed he does have several.
Also - to your point - that is why investing in a BTL has to be seen as a business and not an all winning situation... in all businesses there are highs and lows and times when costs may exceed income - and really should only go into it if you can afford periods where you may have to evict or repair or have vacant periods but yet still a mortgage to pay...

I started with just one - I get it - even that one I had to do a court eviction after 6 months no rent and a btl mortgage to pay...
I've had to repair a flat now that didn't pay for a year and was converted into an illegal growing plant factory - as I say there are highs and lows In the btl market - but a good tenant who's behind 2 weeks... that is not a Low...

26% rise is a piss take, and with no gas safety cert they are in major breach of the law.

You need to get hold of Environmental Health, and Shelter ASAP.

A tenant has every legal right to refuse and challenge a rent increase if they choose. The landlord will then be told at tribunal what they can reasonably put it up by. This will also prevent a revenge eviction.

@MoesBar this is all true but the OP has paid the increase which legally signifies that she has accepted the rent review. Unfortunately she has taken away any right she has to refuse.

There are clearly other issues but I wouldn’t recommend getting yourself into a non payment, court eviction situation. This isn’t good advice at all. I’d look at paying the best you can and finding alternative accommodation.

3 full months rent or more behind for an eviction for arrears, and still subject to delays stated above.

No GSC = no eviction, regardless of reason.

Is your deposit protected OP?

If she can’t afford the rent increase it’s safe to assume she has no funds to move.’

No I don’t intend in getting into major arrears, I just hope I don’t.
I understand the legalities on the rent now, as I’ve been paying it I have to keep on paying the increase.
It comes down to a matter of principal really, the landlord has been rude to me, very controlling and refused to do most of the repairs

I will speak to shelter ASAP and keep researching

@Moesbar My deposit is protected thank god! Also what is GSC?

GSC = gas safety certificate
Contact the Environmental Health team at your local council, they can come and inspect your property and if they find you're at risk from hazards they can serve notice on the landlord requiring them to do repairs.

Are you getting all the benefit that you are entitled to? Maybe do a check on something like the Entitled to website.

www.entitledto.co.uk/

Sounds like an awedul landlord. 30-50 pound rise here and there over 3 years is still a lot, 3 years isn't long and should have risen that much really. I have a rented property and have never raised the rent while someone is living there, ideally they stay as long as possible and it becomes their home. Landlords who basically abuse renters and allow families to live in substandard disgusting properties are the lowest of the low 🤬

I often think landlords get a hard time on here but the fact that he refuses to engage with you and actually tells you to shut up says it all really.

You definitely need professional advice OP as it sounds like this LL is operating off the books.

I would refuse to comply with any more rent increases, let him evict you through the courts and then you can present as homeless in order to get council or HA accommodation. And then trash his house when you leave. Show this disgusting bully what a nightmare tenant really looks like.

Ok you don't have to do the above as you sound very reasonable but believe me, there are plenty who would.

@HalzTangz,

I just knew from your first post that you were a Landlord. The OP says she is struggling because the landlord just keeps upping the rent. He doesn't deal with the tenant decently, by the sounds if things. And doesn't comply with the lawful requirements he has to.

You seem to feel that saying a 25% rise over 3 years sounds better as an annual 7% rise. It doesn't. That sounds to me like the LL thinks the tenant is an easy touch. How many people realistically can afford 7% increases every year?

I'm not a LL but I regularly read that any decent LL allows for fallow times where there either is no tenant or no payment. OP is a couple of hundred £ behind. A decent LL would surely discuss sensibly, not keep pushing the rent beyond affordable?

And personally, I think that you relying on a tenant to keep your credit score rather than providing a home is.............well, I hope you're a better LL than the OPs.

This is a rogue landlord and you have not been treated in the correct way legally. Your safety has been out at risk, never mind the rent issues.

Either the LL does not know the law (unacceptable) or knows it and chooses to ignore it and exploit you.

First consider if you want to stay. If you don’t, exiting should be easy as he has not kept to the law.

If you do want to stay (and I’d question if you’ll ever have a correct or positive experience with this LL) I would contact Shelter and ask for help drafting an email to him pointing out all the things he has failed to do and asking for them to be out in place. This will include the gas cert, electrical check cert, right to rent etc etc.You should also say you need a new and up to date contract and mention that the law requires formal notice and S21 to be issued and currently 6 months notice are required as a minimum.

It could be the case that when faced with all this stuff the LL backs down over rent increase or as they are going to incur costs to meet the legal requirements still want to increase it, but will need to do it correctly. At that point, you can decide if you want to go.

If you look at the Shelter website you can update yourself on your entitlements as a tenant and also your obligations re notice etc.

This isn’t a good LL so I’d consider moving. You can take your time. If he mentions a rent increase, I’d ask for the j formation I writing along with all the legal documents he should have provided you with such as gas safety and say you will then speak with him about it.

I’m a LL too.

When a tenant moves in, I don’t increase the rent for 5 years if they stay. The costs of a void period and re advertising and signing up a new tenant and doing the work a property always needs between tenants is much more than the small increase in rent to be gained by increasing it every year and possibly driving the tenant to leave.

Good tenants are worth a lot and I happily forgo an extra £50 per month which would easily be lost with just 1 void month which is likely whilst doing some work to the vacant flat.

After 5 years, I would be looking to increase a small amount if I felt I needed to. I would t just do it as a matter of course.

If there was a change if tenant, that’s the time to do the work needed and up the rent.

Many LLs don’t increase rents to tenants who stay. Most value consistently and avoiding the costs involved in regular changes to tenants and void periods and uncertainty. A tenant. Who looks after the property and pays on time is to be nurtured, not pissed off with regular rent rises. A LL who NEEDS to get an extra £50 per month to cover their costs is cutting it too fine.

@WombatChocolate this completely ^

And to add it's not just about good LLs, a good tenant isn't just one that pays - they should also keep LL up to date with any issues with the property like leaks or mould as and when they arise... it's very easy and reasonable to repair a small issue but when it's left and a LL isn't told for a build up of a year or more and it becomes a big and expensive piece of work and can be quite frustrating!

Thank you everyone. I’m going to get on it Monday as shelter aren’t open weekends. I’ve tried to check online to check if there is actually a gas safety certificate for property and electrical but it’s tricky. I’m almost certain that none have been carried out definitely not gas anyway.
Does anyone know how I can check this?

@PlateSpinnerJuggler the repair works started as minor, but as now some have not been fixed for over 2 years are now major issues and other things need replacing as a result.

It is a requirement that you are given copies of the gas cert and electrical cert.

If you haven’t been given them, they probably haven’t been done. And if you’ve been there some time, you’d have known the inspection and workmen were coming round. Gas cert us every year. Electrical has been a requirement for ongoing tenancies since April, so lots of people had the electrician round in the last 6 months - so if you haven’t it can’t have happened.

@WombatChocolate thank you, well none have been carried out and no certificates. I just wanted to make absolutely sure

Your local council could have a homeless prevention fund or a rent arrears reduction fund, both can go towards arrears to stop you being evicted. Also if you get any universal credit, you can apply to the council for a discretionary housing payment to go towards rent.

[quote Threelittletweets]@WombatChocolate thank you, well none have been carried out and no certificates. I just wanted to make absolutely sure[/quote]
I don't think you'll find them online - I'm not aware of a requirement to register them anywhere

if you have gas and no gas safe cert, you need to take action yesterday. If this place is as bad as it sounds you might have a dangerous installation.

of course no homeowner ever has a gas safe check done, and most reasonably modern boilers have 'fail safe' mode - but the legislation is there for a reason. Again, wake up Shelter for advice.