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problems with lease and rent increase


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Can anyone help? Having some problems and need advice.

 

Background info - signed lease April 16th 2006 (6mth assured shorthold tenancy agreement) which stated rent payable £350 pcm. Was also given letter informing me of payment dates (every 4 weeks). Gave copy of lease to council for HB assessment - HB is being paid every 4 weeks but works out over the calendar year as £350 pcm. I was paying the extra £21 every 4 weeks until I realised I was being an idiot and the lease was pcm so stopped in April of this year - lease ran out in October but was never renewed.

 

Recieved a rent increase notice August 28th for 1st September onwards with a new rent of £425 (boxes for monthly were ticked as well as £106.25 per week). The single copy of the tenancy agreement attached had hand written amendments to it (date of lease was changed from 01/04/2007 to 01/04/2008 to 01/09/2007 to 01/09/2008) with no signature next to amendments and my partners details weren't on the lease. I informed one of the landladys in November when she moved in but they're claiming I didn't tell them. Today a 'new' lease was hand delivered dated the 1st September with the front cover stating Assured Shorthold Tenancy Agreement with the rent info on there.

 

Anyway - these are my issues.

 

1. Is this rent increase notice valid? It's dated 1st September 2007 and was received today. It also says '2nd Tenant' with a red handwritten question mark next to it instead of my partners info (which I gave them in writing August 28th).

 

2. Is the lease valid with the hand written amendments and '2nd tenant' instead of my partners details?

 

3. Can I be forced into a 12 months lease when previously it was a 6 month lease?

 

4. Am I right in thinking that 2 copies of the lease should be provided even though it's not an initial lease, one to keep and one to return?

 

5. Should this lease be witnessed as the initial lease was?

 

6. How do I get my landlady to understand that I don't owe her any money and that the HB has paid my rent in full since I moved in?

 

Thanks,

 

Fiona

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I dont understand the query at all, I think is the problem. I dont understand how the lease started in april 06, but yet you say it has been modified from april 07 to april 08 - this I dont get.

 

However in any event, you cannot be forced into ANY tenancy you do not want to take. This answers query 3 and 2. The question with regards the rent increase is whether you have received a formal rent increase notice, or whether they have simply drafted another tenancy agreement. I suspect it is the latter, which as I say you have no obligation to accept. However, can you post the exact letter you received please?

 

Question 4. Have you signed any copies of the "new" lease? It is obviously advisable for her to do so if she ever wants to enforce the tenancy - if you havent signed it, it is unenforceable.

 

5 - no requirement to do this.

 

6 - Just show her the payments over one year 4 weekly, and pcm - and show her they total the same. In any event, you do not have to prove this to her, as long as you are confident that you are correct in your calculations. How much HB do you get every 4 weeks?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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