Rent Increase / Tenancy Deposit

[ammark]

Hi,

 

The agency representing my landlord has asked me for an unfair increase in rent (from £900 to £1100) when my current contract expires on Aug 12, 2008. At the sametime, they haven't protected my deposit (£1350) and due to some reasons, I have not pursued my landlord by a law suit.

 

Now the agency representing my landlord is saying they want to market the property and would give us a 24 notice before showing the property to a third party. I don't want to leave my current property (and want the property to continue as a periodic tenancy) and I believe if my despoit is not protected, they cannot evict me. Do I have the right to to deny them any property viewings by prospective tenants?

 

Thanks

[MrShed]

Technical answer: yes

Realistic answer: yes, but unwise to do so unreasonably - it will be looked upon quite badly by a judge. You have to accept that you can at some point be evicted, even if not right at this second. The rent/deposit/eviction should not affect your apparent "spiteful" position on allowing viewings.

[Steve__M]

My neighbour is under a similar threat, so this is based on the advice I've given her.

 

The chances are that at some point in the near future you will have to move out. However, assuming your deposit should have been protected, before the landlord can force you to move he has to protect the deposit, tell you where it is protected, and then give you two full rental months' notice.

 

(In the meantime, he could issue statutary notice of rent increase for which 1 month's notice is required. You would then have the option to appeal the rent increase to a Rent Assessment Committee. I have no idea how effective they are.)

 

But in answer to your question, the right to show the property to prospective tenants is often a term of the contract (in my contracts the tenant agrees to allow viewings in the last 2 months of the tenancy).

 

That said, if you're planning to stay put till your deposit is sorted and proper notice received, the contractual agreement to allow viewings is pretty much unenforceable.

[raydetinu]

I think it would be unlikely that they would want to market the property without an occupancy date? Whats the point! oh it may be availsble in X months? you have not been given notice and you have not given notice to the landlord, and they have to get you out first. So they cant get a new tennat lined up for ages yet, bet its just a scame to get you worried and hope you will agree to the increase!

[MrShed]

Why? They can sell the property no problem with tenants resident.

[ammark]

My neighbour is under a similar threat, so this is based on the advice I've given her.

 

The chances are that at some point in the near future you will have to move out. However, assuming your deposit should have been protected, before the landlord can force you to move he has to protect the deposit, tell you where it is protected, and then give you two full rental months' notice.

 

(In the meantime, he could issue statutary notice of rent increase for which 1 month's notice is required. You would then have the option to appeal the rent increase to a Rent Assessment Committee. I have no idea how effective they are.)

 

But in answer to your question, the right to show the property to prospective tenants is often a term of the contract (in my contracts the tenant agrees to allow viewings in the last 2 months of the tenancy).

 

That said, if you're planning to stay put till your deposit is sorted and proper notice received, the contractual agreement to allow viewings is pretty much unenforceable.

 

Thanks for all the responses. I agree with Steve that they can oust me in future if they want. I just visited CAB yesterday and saw a trainee lawyer, who didn't have much idea. She concerned me by saying that since my contract is ending on Aug 12, 2008, staying after that in the property might be illegal and the landlord doesn't need a two months notice in this case. But she wan't sure.

 

Q- I just want to know, can I continue my tenancy after Aug 12, 2008 as I have not been issued a two months notice nor did I give a two months notice. All I received is a letter that the rent has to increase in the new contract?

 

Q- Will the continuation of my tenancy (after Aug 2008) fall under periodic tenancy clause although the other party (atleast the estate agent) doesn't want my tenancy continue after that?

 

Q- I don't want to agree to this rent increase? What are my options? If I don't sign a new contract although the other party wants me to sign a new 1 year contract on higher rent, what will be the nature of my tenancy after Aug 12, 2008 then?

[MrShed]

The lawyer is totally wrong. You need two months notice. Yes it will be a periodic tenancy - I always find it very concerning just HOW unconversant in letting laws the CAB are.

[ammark]

The lawyer is totally wrong. You need two months notice. Yes it will be a periodic tenancy - I always find it very concerning just HOW unconversant in letting laws the CAB are.

 

Thanks for your helpful answers.

[raydetinu]

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