tenancy deposit issue and unfair rental increase

[ammark]

Hello There,

First of all I would like to thank everybody on this forum who are helping the consumers a lot. Their service is really very precious. I had posted a thread on these forums that my landlord is not protecting my deposit and I received some valuable information. Due to advice from some members, I thought I would not pursue my landlord/agency for the deposit as it would seriously harm the relationshiop and unnecessary tensions. So I didn't pursue them further for tenancy deposit protection and they didn't protect it either.

My yearly contract is going to end on 11 Aug 2008 and I received a letter from the agency representing my landlord that the contract is due for renewal and they want to increase the rent from £900 to £1100 (which is very unfair in my view). I don't afford to pay this hike in rent, and don't want to leave the property so quickly either. What are my options? Can they issue me an eviction notice if they haven't protected my deposit? Any other helpful hints would be really appreciated.

Thanks a lot

[MrShed]

They cannot evict without deposit protection. You are also not obliged to pay the rental increase unless they issue a formal S13 notice of increasing the rent.

[ammark]

Originally Posted by MrShed

They cannot evict without deposit protection. You are also not obliged to pay the rental increase unless they issue a formal S13 notice of increasing the rent.

Thanks for you reply. Few questions:

* Suppose they issue me an eviction notice (and I know and they know they haven't protected my deposit), what do I need to do? Do I need to do anything?

* Secondly, when a formal S13 notice is issued for the rent increase, how much notice period is given for that. In our tenancy we have a notice period of two months....So would that be a two months notice before a rent increase?

* Lastly after 12 August, if we haven't signed a new contract, my tenancy would become a periodic tenancy. Could I still issue a notice to my landlord to protect my deposit with 14 days in that period? (My contract was signed 11 August 2007)

[MrShed]

- No
- Unsure - I'm not aware of any S13 timescales, and it isnt my forte(I've had little need to deal with them in the past) - will see if I can find out.
- I dont understand the query on your last point...why would you wait til August? And what "notice" do you mention? The landlord needs to do it whethre you give notice or not...

[ammark]

Thanks for your helpful reply. I know landlord has to protect my deposit and he hasn't done so. I haven't chased him so that the relationship is not ruined. However the agency representing landlord is a notorious one for giving hard time to tenants. I have been in this property and was never late in the payment of any rent, but still they always come up with a harsh note. Landlord is nicer than the agency, so I thought of not chasing up for the deposit protection.

I meant to serve 14 day notice for protecting deposit or face the court after 12 August 2008 when I would be on periodic tenancy rather than on a contractual tenancy. My contract ends on that date.