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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 3rd July 2008, 13:40   #1 (permalink)
Steve__M
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Default Rent rise rules - delaying tactics

Further to my other thread, I could do with some sanity checking of advice that I'm giving to my neighbour.

My other thread is here:

TDS Avoidance - implications of wrong date on contract

where my neighbour's landlord is trying to deviously avoid TDS and now wants to raise the rent well above market rate. I've advised my neighbour to negotiate, but also to consider delaying tactics if she decides to move and needs time to find a place.

The landlord has informed my neighbour he will increase the rent from 1st August, but he hasn't yet given written notification.

We suspect that when written notification is received it will not mention section 13 as Ed's sticky suggests it needs to:

Rent Increase

On that basis, I'm going to advise my neighbour not to pay the rise until the correct one month's notice has been given in the correct form. I believe this will buy 2 months delay if she doesn't tell him till after 1st August.

Should the landlord issue a Section 21, I will advise her to ignore it on the basis that the deposit is not protected.

Suing for 3x deposit will remain a strong option particularly should things go horribly wrong. Certainly I will advise her to formally demand the deposit is protected prior to quitting the tenancy. I'm not sure my neighbour is keen to take the line of suing just yet.

Any comments or other ideas?
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Old 3rd July 2008, 13:56   #2 (permalink)
MrShed
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Default Re: Rent rise rules - delaying tactics

Nothing to follow really Steve - your advice seems spot on!!!

Only thing I would advise is that given the current unpredictability of courts to do with TDS, I would not rely on not being evicted even though the deposit is not protected.
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