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?

Entitlement? To legally occupy their home? Ridiculous. Landlords all SHOULD know that a tenancy doesn't end when the fixed term ends and should plan accordingly. It's part of the deal that goes with having someone else pay your mortgage for you. You don't get to unilaterally decide when they move out. It should never be a shock to a landlord that they may have to wait for the tenant to find a new home before their property is vacant.

@PeriIsKickingMyButt I think it’s the lack of notice that’s the real issue.
If you state that you’re leaving on a certain date and then give nine days notice that you no longer wish to leave, that’s not good business practice. You’re relying on the LL’s goodwill at that point. The company that’s building the OP’s house has been equally poor in not informing the OP sooner that they couldn’t meet the August 31st deadline. They must’ve realized this far sooner.

But, I agree with PP’s that the agent sounds fishy and the LL may have no idea about the £400 increase. In the OP’s shoes, I’d contact the LL directly.

Sure, long notice is always best. But when moving into a purchased property there are always delays built in. A professional landlord should understand that this is part and parcel of the end of tenancies and that tenants cannot always be exact with the date they will vacate in advance. When I left my last rental for a house I was buying I kept my landlord updated all the way. He had also served s21 (6 months as Covid times) and I had to stay 6 weeks after the notice period which he fully accepted as I was communicating and paid fully until I left. That's normal.

The only things that can end a tenancy are (a) if the tenant agrees to leave, after expiry of appropriate notice and (b) a court order for eviction.

A section 21 notice does not end a tenancy. If correctly served then once it has expired the LL has permission to apply to the courts for a court order for eviction. Getting from the expiry to the eviction takes a while.

I'm shocked how many ignorant landlords there are on this thread. Amateur hobby landlords who don't understand the law shouldn't be allowed to let out property. It should be a regulated and licensed role, with the possibility of losing ones licence if you are caught in the kind of flagrant breaches of the law that several PP on this thread are advocating.

I'm frustrated at the housing developer about the delay too, however it's not as bad as what some people have to go through. We made the estate agent aware were buying a new house back in Easter time and we even used to chat to one of the agents in the office about our updates and how things are getting on, however she doesn't seem to be there anymore. I understand communication is key and I've tried to keep them in the loop.

Have you contacted the LL direct?

It’s a two way street though from what op has said she’s been more than a good tenant and accommodating when house was up for sale. Landlord should be grateful they’ve been lucky and had good tenants rather than trying to squeeze money out of them for a few extra days. If the op left when they should the landlord wouldn’t be getting any money for that month anyway so it’s not like they’ve lost out. If landlord/ letting agent had been reasonable then op would have no need to exert her rights it could all have been amicable

God how has the bar fallen so low now. Thr landlord should be grateful he had good tenants, says it all. Such a low bar and one of the reasons landlords are selling up in their droves and so many people can’t find some where to rent.

The terms of your tenancy extend beyond the sect 21 period, until a court evicts you.

Yes your LL can increase rent, however, you can appeal this and will have very strong grounds as the rent appeals panel will consider it a vindictive rent increase.
The panel will look at market rent in your area and you have strong evidence that he is acting in an unfair & vindictive manner regardless of whether the new rent is within market range.

Does your tenancy agreement mention when there should be a rent increase or how much?

£400 rent increase under these circumstances is cruel and vindictive.

LL s are selling because they over extended themselves to get into this money making sector and then when interest rates increased, the gold goose stopped laying the eggs!!

But it's not a rent increase. It's a new rental price as the tenancy ends at the end of August

I love how you are all outraged but are suggesting just not moving out and using the fact that they can't get you out as a strategy. Beggars belief what sort of behaviours people think as appropriate

The LL hasn't done anything to the op. The tenancy ends the tenant leaves. That's normal

No it doesn't. The fixed term ends, the tenancy continues as a rolling contract. The tenancy can only be ended by the tenant or the court.

@NoWordForFluffy We don’t know the answer to this, but if the tenant stated in writing that they were leaving on August 31st (in an email to the agent, for example), would that count as ending the tenancy?

But she did end it, and I’d guarantee she’s not paid from 1 sept to 19th.

Yes, that would. But that doesn't seem to have happened here.

Why would she have already paid this ? The payment falls due on 1st sep (Sunday) - so either the coming Friday or the coming Monday

Where does it say that? It says she was told in March the LL was selling, so they started the process to buy the new build. There was then a S21 served, which expires on 19 Sept.

At no point does the OP say she gave notice to end the tenancy.

I very much doubt she has paid the rent due on 1 Sept yet, seeing as it's not fucking due yet! 🙄

Rent increase must be in writing and give you one months notice, so it technically wouldn't come into effect till October rent is due as they've given you no notice.

@NoWordForFluffy Well, I'm guessing that they exchanged some emails about leaving so let’s hope a date wasn’t mentioned by the OP. I assumed it must’ve been.

Discussing potential dates possibly wouldn't be considered to be written notice to end the tenancy. It would depend how it was worded.

https://england.shelter.org.uk/housing_advice/private_renting/rent_increases#:~:text=You%20do%20not%20have%20to,the%20rent%20could%20go%20up.

You don’t have to agree to the rent increase.

If you don’t pay the new amount (by paying it, you are agreeing to it), he then needs to issue a formal S13 notice, this would require 30 days notice, which you should hopefully be gone by then.

Hi, no we haven't agreed to a particular date we just received the s21 in the post with the end date on. Nothing else was mentioned until last Friday when we emailed to explain we were having an issue with the move in date for new place.

And yes, I definitely will be making payment as I always have done on the payment due date.

Hi Schloss, we've emailed the email address for the landlord that we found online, but no response yet unfortunately. The agent emailed back to say there will be no compromise and to remember we are in a very dangerous position and there'll be serious consequences. I have no idea why he has to be so hostile. We emailed back asking for their complaints policy.

Dangerous? Fucking knobhead. The court will be less than impressed at litigation undertaken when you're aware of an exit date. The Civil Procedure Rules are quite clear that litigation is an action of last resort.