Landlord request feels unfair

[Uberbeeboo]

Hi, I'm looking for some advice about our rights as tenants. We have lived in our rental property for coming up to 5 years and were made aware in March our landlord wanted to sell when our tenancy ended on 31st august 2024.

We therefore purchased a new build property which we believed would have been built by now, however we now have been given the completion date of 30th September 2024.

Today we asked the estate agent who manages our property if we can stay until our new property is ready to move into and they have responded with an ultimatum saying we can stay, but there will be a £400 increase of the rent per month starting next week when the rent is due.

The rental house is not sold and we've only done 2 viewings since April. We've been good tenants and were disappointed we had to move anyway. We really can't afford an extra £400 next week, so I was hoping if someone would kindly give me a little guidance with this please?

Did you hear back from the landlord in the end? Is the agent still hassling you?

Hi Pfppl, we sent the agent our notice to leave on 30th September, however he responded to say he doesn't care and that won't stop him applying for possession on 20th September. I'm struggling to understand what there is to gain by that, other than spite. I expect he'll have our solicitors letter now hopefully.

I've spoken to the developer of our new home today and everything is on track for the 16th September fortunately.

Thanks for the update. The agent sounds like a prize prick. Fingers crossed you'll be in your new home soon and can forget all about him!

Good luck to him 😆😆😆

Stay firm OP- it's not as if you aren't paying at all and he doesn't have a new contract - you are technically on rolling and in that case they have to give you 30 days-if I was being generous I would give them £100 to cover the rise for the 23rd September to 30th September

Gosh what a horrible man he is!

No response from the actual landlord yet?

Not a thing from the landlord however I know he has our email as the agent mentioned it. I also sent the landlord a copy of the notice to leave to give him a bit of reassurance that we intend to go. I remember the landlord seemed quite nice.

I feel so much more confident now I know more about tenancies and the law. The agent is just so arrogant it's been difficult to hold my nerve.

I take it he's refunded the extra 11 days' rent you've paid then? Bet he hasn't!

I hope he does waste money on court fees which he'll never see again!

Don't forget to take loads of photos of the condition of the house when you leave. I've a feeling a deposit battle will be next. 😩

@Uberbeeboo he's probably just peeved he's losing his regular commission if it's a managed place!! Makes you wonder if landlord even knows about rent rise or agent was going to pocket difference ( if you pay the agent)

I'm so sorry you're going through this pointless bullying. This thread may be of use to others, at least!

Note down that he has refused to provide the information you've requested.

Best of luck with the move, and if he continues to harass you afterwards I would consider contacting the police if there is lots of unwarranted contact.

He will definitely try to claw back your deposit, so lots of photos needed

Thanks for the update OP. Would you mind sharing the exact wording of the agent's email? I'm just baffled by how someone can be so unprofessional and fascinated to see how he operates...

The response to me sending the notice to leave on the 30th September.

''The e-mail you have sent does not negate the validity of the ‘Section 21’ Notice to Quit that has been served, therefore our position remains unchanged and in keeping with seeking possession as previously advised to you.

I urge you to consider your response carefully.''

He always urges me to consider my response carefully so I've stopped replying as it makes me second guess myself. I didn't reply to that last email but I gather he still intends to seek possession on 20th September regardless of us saying we'll be out on 30th.

This agent is just a dick. Please ignore them and their pathetic bullying and legally incompetent turns of phrase.

You’ve done nothing wrong and sound pretty clued up, actually. Keep thinking of your lovely new build place and the fact you won’t have to rent ever again!

Also the protected deposit arbitration scheme will have seen this a million times before and will have no truck with it. Just don’t engage.

Bullshit. Proceedings take ages. You are talking nonsense here.

You don't have to reply, but if you do you can say this:

"I have considered this response carefully. The Section 21 notice you have given, if it has been correctly served, gives you leave to make an application to the court for an eviction order, you can put in that application on 20th September. It will take some time to get a court date by which time it will be unnecessary. We will have vacated the property long before your application reaches the top of the court"s waiting list so any such application would be a waste of your time and money, likely to be deemed vexatious in the event that you try to reclaim your expenses for such grandstanding. Any attempt to enact an eviction without a court order would be illegal and we are not breaking the terms of our existing agreement to remain living at the property until 30th September, paying the existing rent because you have not followed the correct legal process to propose a rent increase. I suggest you consider your response carefully because I have already got considerable written evidence of your bullying tactics and misinformation attempting to deprive us of our legal rights and adding to this portfolio will only strengthen our case against you."

I'd have replied reminding him that the s21 wasn't valid, as per your solicitor's letter to him.

I really wouldn't reply at all. Just keep an eye out for illegal behaviour after the 20th. I really wouldn't be surprised if he tried to enter the property.

I wouldn't reply at all at this point, but if you do need to reply at all I'd be tempted to end every email reminding him to consider his response carefully

This is a good response. You could end it with "I urge you to consider your response"

@Uberbeeboo I would not get into any further comms with the agent, he or she is a broken record at this point. If it was me, I would ask the solicitor to send a letter or email, very short saying my client will leave as per the correct. legal served notice. There will be no further communication.