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?

Hi everyone,

Many thanks for your advice last week, however things have gone from bad to worse and I have no idea how to manage this. I have tried Shelter and the ombudsman, but the lines were too busy. I told our managing estate agent that we could not afford the proposed increase in rent and asked that he send us the correct legal notice to increase the rent. This was his reply today which sounds very much like an ultimatum. He knows we intend to leave by 30th September anyway so I don't see why legal action is needed.

''Please deal with me exclusively in relation to this tenancy until you have vacated the property.
The legal position can always be as rigid or as flexible as the parties wish it to be and I can very quickly formalise the rent increase should you wish to pursue this route. As it stands, you could choose to agree to a fair proposal which allows the flexibility you require whilst ensuring our client achieves their goals. I urge you to consider this point very carefully indeed.
Should you decide the formal approach is best for you, please ensure you confirm with your legal advisor that costs would be payable by you in relation to legal action that would be started on 20th September 2024 if you remain in possession of the property. I would estimate you should initially budget for £3,000, in addition to the rent, should legal action be required.
Given the importance of what happens next, I will be obliged if you can advise in the next 24 hours whether you will remain hostile to the proposal made and legal action will be required as you will remain beyond the date stated in the notice to quit, or whether you will agree to the rent increase and we can advise our client that flexibility will be offered by both parties when dealing with the end of this tenancy.''

I think @SheilaFentiman’s response is the best one. You don’t want to fall out with your landlord even if he is being an idiot. State the law to him and pay your usual rent on September 1st.

Oh dear op, what did you say exactly. I see you got a lot of militant responses, which has walked you onto this. In my experience trying to find a mid ground is always best. You’re not entitled to stay,and if they start eviction proceedings, they are right, you will be both liable for th4 costs, as well as it is going to fuck your credit rating till the next century,

if you can’t afford it, you need to move out. You’ve been encouraged to start a war with no one giving you what will happen if the landlord doesn’t roll over and let you tickle his tummy

Just saw your update. It sounds like word salad to me, although you should try to get in touch with Shelter. I don’t think it’s legal.

Of course it’s legal. And of course it’s not word salad, it’s very clear. If the op doesn’t agree the terms t stay after end of tenancy, then they can move to evict.

I genuinely didn't say anything bad other than I can't afford the increase and to issue section 13 for my consideration. His response is uncalled for as I was only asking for things to be done correctly. I'll try shelter again tomorrow and hope it's a little quieter.

@Josephinesnapoleon Yes, but can they legally increase the rent by £400 on September 1st? That’s what I’m questioning.

i can understand why the landlord is annoyed as the OP only gave them nine days notice that they wanted to stay- the landlord may have arranged for contractors to come in and gut the house in September, for example, who knows.

He doesn’t need to agree to let her stay, this is the key point. He can decline. The tenancy is ended. And done correctly.

So yes he can now give new terms and if she says no, then say she can’t stay, and move to evict. Giving her both legal costs and fucked credit.

the fact the tenancy is ended is the key point here. She has no entitlement to stay,never mind stay and pay the old rent. Now sure she can indeed refuse to leave and force legal action, but Christ it’s going to cost her a lot more than 400 quid,

But a section 13 doesn’t apply. You’re not entitled to rent this property, your tenancy has ended. Section 13 applies if you are a tenant. You are not.

The section 21 runs out on 19th September therefore I'm still a tenant with the same tenancy until then. To increase the rent I believe I should have been given 30 notice then the option to negotiate and then go to a tribunal if I wasn't happy. There's still a slim chance the new house may be complete by then (fingers crossed).

The landlord can refuse to extend your tenancy though and can start legal action in the 20th as stated, and you will be liable for a lot more than £400. You can't just decide to stay with your the landlord agreeing, it's not your house. It seems like you have three options here, pay the increased rent and the landlord will agree to you staying longer, leave when your tenancy runs out even if your house isn't ready yet, or refuse to leave and refuse to pay the extra rent in which case they will start legal proceedings. Which would you rather go for?

Can you look into storage and an Airbnb/hotel for late September?

Storage and airbnb will likely be a lot more than 400. And more hassle.

Thanks for your responses, I am taking them onboard. I think a possession order could take weeks, yet we'll be out of there well before that. I've only asked him for 11 days grace as soon as I was made aware the new house wasn't quite ready. I feel stuck between a rock and a hard place to be honest.

When my tenant stopped paying his rent, we couldn't do anything until he was 3 months in arrears....! So you could just stop paying.

You absolutely need a section 13 before an increase in rent

If you have until the 19th then stay until then. I would send them an email thanking him for clarifying the position. Then say nothing else. Pay your normal rent for Sept. Personally I would not wish to give him an extra 400 in rent. It smacks of the landlord trying to exploit you because you are in a tricky position. You have a tenancy until the 19th. I would not allow anymore viewings. How much would storage of your belongings cost?

A few people have mentioned not paying, but to me that wouldn't be the right thing to do.

Hi Cansu, we have a whole 3 bedroom house load to store with garden furniture. I expect it would cost hundreds to store unfortunately. Additionally, I'm unsure where we would go for those 11 days.

@Uberbeeboo what does your tenancy agreement say happens at the end? Usually there is a clause specifically about what happens if a new agreement isn’’t signed and the agreement rolls on at the current rate month by month, but of course you can go at any time and LL can rent to someone else so no security

Hi, the tenancy states - that thereafter from month to month it will roll as a contractual tenancy.

Many apologies, I'm not sure how to reply to individual people.

Firstly do not rush to reply, you have a tenancy until 19th September 2024. Secondly try not to stress about it, easier said than done I know but once you are settled in your new home, the current issues will be a distant memory.

Thirdly, contact the new build company and ask if they can help. Sometimes you need to think outside the box. Say you are being understanding with the delays they are experiencing however it is causing you considerable issues. You appreciate there will be a delay in completion, but what you need is some help in storing your possessions. Always worth asking. Also, if you have booked a removal company, speak to them as they may be able to offer short term storage at a reasonable fee. If any of those come to fruition, then try and find somewhere to stay from 20th September until completion. I would also ask them if they would pay for storage/accommodation. At this stage it would be a small price to pay to secure the sale still.

If you do need to spend extra money, I would suggest you spend it on storage/accommodation rather than extra rent to the landlord.

I can see both sides with this situation, I think the landlord is being a little OTT especially with their most recent reply, but I expect they are concerned the property is not selling and maybe expected once it was empty it may be more preferable to buyers. On your side a few extra days/weeks in your rented property doesn't seem too much of an issue. Sometimes situations are never simple.

I feel your landlord is being grossly unfair. He has no buyer in place and is not re letting the property so he could call the extra month rent as bonus but is instead trying to force you to pay more.

Sorry if I've missed this but could you find an Airbnb or something similar? Rent for a few weeks just so you can be out of the property.

Thank you Schloss. It's such a shame an otherwise good landlord/tenant relationship has become so sour.

Just to clarify, you have not served notice to the landlord at all? It is just the landlord who has served notice (section 21) on you?

Only a tenant or a court can end a tenancy. The landlord can only apply to court on the date of expiry of the notice. The tenancy will only be ended once it gets to court (assuming the landlords paperwork is correct - gas safety certs, deposit protected etc) - this will be soonest a month or two after the section 21 is served. I believe you will get 3 weeks to respond before any court date.

Basically that word salad from the agent is saying they will apply to the court as soon as the notice expires (rather than waiting the up to 6 months they have to apply). The £3k is scaremongering. Assuming you leave before bailiffs are required it will be more like the £400 they are trying to charge you anyway. If you have left before the court date I am not sure there will be any court fees payable as there is no claim to be made or defended at that point - but check with shelter on that.

Just to note - If you have served notice yourself and stay beyond that you can be liable for double rent.