Landlord Using Unusual Tactics to Keep me Resident

[adridude]

I'm just clearing up my finances i.e. rent account vs payments etc... so when I do leave there wont be any problems with rent nor deposit and I've noticed something about when they give me a rent increase notice, well two things really..

 

1) The first increase was well within a year of signing the first AST. It was month 9 they increased it. Somewhere someone mentioned that they can't inccrease rent within the first year of starting a new AST? is this correct? The reason I ask is that there's a clause in the AST which states:

 

Changes in Rent:

 

We review the rent due for the premises at any time after the six months from the commencement of the tenancy ...

 

Does this mean I can't dispute the increases within the first year of the various AST's I've signed?

 

2) THe other thing I've noticed is that:

 

My rent was quoted at £425 per Month in those words. So I took it my rent month was from 22 Feb - 21 March for example? Am I right here? THe reason why I assumed this is because the '6 month fixed term' ends 22 Aug.

 

They said that they have to give me 4 weeks notice for rent. Now when they do this how do I work it out? I've heard various things about this.

 

1) Do I work it out as per 'part month' i.e. they gave me notice on say, 19 Oct, so 19 Nov its effective despite my Tenancy 'period' being 22nd of each month?

2) Am I right in saying that when notice like that is given, the notice period can only start as per the start of the next 'period' i.e. in 1) above, it starts on 22 Oct, and take effect 22 Nov?

 

For some reason, an this was never discussed. I get quoted rent monthly, even in the rent increases, but the statements they send me are broken down into 7 day weekly statements?

[raydetinu]

rent increases run from rent period to rent period ( monthly/4weekly etc.) and yes they cannot be increased within the first 12 months of a tenancy ( housing act ). You must be notified by form S13 which states your rights etc.

However if you have accepted the way they have notified you before and paid it, then you I dont think you can dispute that retrospectively and you could be deemed to have accepted their proposal by paying it without any question.

[adridude]

I never agreed to it ever. As per housing benefit rules at the time I had to inform the council immediately. The financial dealings were directly between the council and the letting agent (as they are part of a housing association which work with the council). Furthermore, websites like Shelter etc... always say 'never withhold rent etc...

 

I've asked for all of the actual Letters to be sent out. I wasn't sent any forms of any sort? It was literally a letter on the letting agent letterhead giving me notice, nothing more? When the rent increases took effect, it was literally 4 weeks from the time, not from the rent period.

 

Here are the two examples looking at my statement:

 

1st AST Started 22 Feb 2010 (6 months fixed) @450 Per Month (not per 4 weeks)

1st Rent Increase was 15th November (without the letter, which I've asked for, I can only assume its like the others, 4 weeks notice so notified on 18th October 2010 (within the year)

 

 

2nd AST Started 03 Oct 2011 (6 months fixed) @450 Per Month (not per 4 weeks)

2nd Rent Increase was 6th November (letter notifying me dated 9th October 2012)

 

I have never accepted rent increases, and in terms of the second one, this time I didn.t pay any extra, I stuck at the 450/month and still am.

 

Going from what you're saying in the two listed above:

 

1st increase should have started at the montly period starting: 22 Nov 2010

2nd Increase should have started at the monthly period starting: 3 Dec 2012 (if I accepted it).

 

Thanks

 

A

[mariner51]

OP states rent review period is clearly mentioned in each AST so it may be for Judge to decide if 6 monthly review is too short. AFAIK s13 not required if rent review period is clearly stated in Contract.

The fact that HB is paid direct to LL and applied 28 days after Noticem suggests more of aligning rent increase with HB payment dates from Council. If an increase has been paid, it suggests T has accepted increase from due date.

OP is quite entitled to ask for benefit statement from Council to see amoumt assessed and payments mads direct to LL by date. Also whether Council accepted rent increase without question.

[raydetinu]

12 month increase rule is in housing act, so doubt court has much leeway there.

OP to confirm if they make the payments to LL and is in receipt of payments from council and council does not pay anything direct to the council.

I do not believe LL can claim increase in rent based on HB increases!

Can only increase rent in normal way based AST rules/housing act.

but could be a different contract with HA?

Suggest you check with shelter they are used to dealing with HA and councils etc.

[adridude]

I dont understand your first line?

 

The council does pay directly to my letting agent. The letting agent is a daughter copany of a larger housing association which used to be part of the council so they have an understanding in that area. I don't see a penny of the money, it's literally directly to them and I get a quarterly statement.

 

There wasn't a HB increase here, there was a decrease in LHA from 495 to 450. I've noted that a pattern emerges that around november is when they make the rent increases. November is when my LL signs a new LL-Letting Agent agreement between themselves from what I've been told. THis is why the Letting Agent refuses to give me a 12 months AST :-/

 

Both the council and family have told me to move, but the issue is that my deposit and bond were assured through the Rent Deposit Scheme. Where rather than money being handed over, the COuncil sign an agreement with me guaranteeing the LL that there's x amount deposit and y amount bond put aside. If when I leave there are no issues, the agreement dies. If when I leave there's deposit deductions, the council pay the LL and I have to pay the council back as per the agreement. Moving will be a nightmare as most places in the area ask for 1.5 months deposit and 1.5 months bond up front which isn't easily achievable on a low salary. Problem is the bloody LL knows this.

 

CAn you direct me to somewhere where I can read up on the increases and how they should be performed so I can do some research before i call shelter up?

 

Nope its definately an AST pivately let. Its not a HA let. my Letting Agent is a pilot company which they're trying out for private letting. They just happen to be part of the group.

[adridude]

Just to confirm, the contract was a'feneral contract', confirmed by the LA as there is a dispute as they sold the garden whilst it was in tenancy.

 

Do I have a right to claim the £60 per shot back?

 

I would have though contracts would have been personal bongs between A and B, not a general thing they say :-/

 

The reason I disputed is because they sold the garden whilst I rented here.

 

 

They told me that their solicitor said that the garden was CLEARLY not part of the property as they checked the 'deeds'. When I contacted the land-reg, they said that the garden and house are under one title, and the title plan shows (as I bought it) clearly that my address includes the garden.

 

Any thoughts?

[45002]

Just to confirm, the contract was a'feneral contract', confirmed by the LA as there is a dispute as they sold the garden whilst it was in tenancy.

 

Do I have a right to claim the £60 per shot back?

 

I would have though contracts would have been personal bongs between A and B, not a general thing they say :-/

 

The reason I disputed is because they sold the garden whilst I rented here.

 

 

They told me that their solicitor said that the garden was CLEARLY not part of the property as they checked the 'deeds'. When I contacted the land-reg, they said that the garden and house are under one title, and the title plan shows (as I bought it) clearly that my address includes the garden.

 

Any thoughts?

 

Sigh

 

This thread is 7 years old !

 

28th July 2006 17:00

[adridude]

Hi,

 

I've been in this property coming up 4 years this January. When I moved in here, being a bit cash-strapped, I was helped by what's called a'Rent Deposit Scheme' by a local organisation which WAS called CASA. Between then and now, the local Authority (Council) have taken this organisation over.

 

How it works is that the amount 'held' is literally a bond, yet the paperwork which I signed strictly states that it's regarded as a loan.

 

Having a look at this post:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?155645-TDS-eligibility-implication-of-breach-and-legal-questions-answered

 

I noticed that the work 'despot' had 'any kind' written after it in the eligibility section.

 

Would my kind of deposit (which is make up of 3 months of rent; 1.5 deposit and 1.5 bond) The extra amount added (the bond) was due to me having a CCJ several years before I moved in.

 

If so, 4 years down the line I haven't been told of a TDS looking after it, if there is one, I wasn't given the details.

 

Any advice as to how I should handle this?

 

Cheers,

 

A

[adridude]

Hi

 

Recently I was issued with a S.21 which was the final straw in a string of events. They issued it labelling me being guilty of anti-social behaviour the 2 incidents are:

 

1) I was attacked by a neighbour, didn't retaliate at all, contacted the police immediately which picked him up and got him to admit the offence. This he was charged on. Furthermore, in compliance with my AST agreement, I contacted the letting agent to let them know what happened with the relevant police reference numbers etc... I received a warning letter about anti-social behaviour as I was getting annoyed at the neighbour for being a general moron so text him warning him that he is going to be reported for LHA fraud. They saw this act as being anti-social :-/

 

2) The landlady sold off most of the garden which I didn't agree with, a whole different can of worms, but when the builders showed up, I contacted the police and asked them how to deal with this in a peaceful manner. They explained that I should remove their tools from the properly and leave them in a safe place outside the property for them to take and leave. I did as the police advised, was threatened with violence by the builders on multiple occasions and yet again, I was labelled as being anti-social.

 

The second event sparked the S.21

 

There are a few things I need a bit of advice on, as Shelter aren't able to help with this

 

1) The S.21 dates are not in line with the actual contract dates i.e. when the S.21 notice period starts and when the S.21 ends i.e. the end of the 2 calendar months. They've made a dire mistake by treating my account as a weekly account (As most of their tenants are social), yet my contract is clearly a monthly AST.

 

2) They told me in the meeting that the S.21 only serves as a 'final warning' and if there are no more 'acts of anti-social behaviour', they won't act on it. This I managed to get in writing. Is this enforceable? i.e. I'm poised to take them to court regarding a whole load of other matters, can they act on the S.21 whilst I have that 'conditional letter' they gave me? Or does that 'conditional letter' in any way invalidate the S.21?

 

here is the excerpt of the letter in question which I'm speaking of:

 

• You were serves a Section 21 notice yesterday. We can take action on this from x. It'll be valid for 12 months.
  
• You were given your final warning yesterday for anti-social behavior (ASB). If we find you to be the perpetrator of further ASB after investigations, we'll act on the S.21 notice.
  

 

Any advice would be handy.

 

Thanks

 

A

[raydetinu]

who are your LL; the council? or private LL?

[raydetinu]

S21 can only be valid if the notice period ( two months ) is served and includes two clear months from a rent period. ( as stated in your contract ).

It is only a notice to seek repossession, any time after the expiry of the notice period they can apply to the court for an eviction order.

S21 is no fault notice ( don't have to give a reason ).

if this a local authority then an Article 8 defence of Human rights act may be a defence to any eviction.

[45002]

I was under the impression OP was finding somewhere else to live, 29th April 2013 #45

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?381281-Landlord-Using-Unusual-Tactics-to-Keep-me-Resident

 

and not leaving it to the last minute !

Edited November 3, 2013 by 45002

[mariner51]

Where is the property? The only CASA I can find has a Dublin address.

Local Councils etc tend to provide deposit bonds for LLs, not cash deposits. It is classed as a loan as LL may

have reason to claim against bond for T damage.

If LL did not receive a cash deposit no DPS is required.

[raydetinu]

well spotted; interesting to see what OP has to say?

[45002]

http://www.consumeractiongroup.co.uk/forum/showthread.php?408214-Conditional-S.21

[adridude]

I'm still saving up for a deposit. Because of my credit in the past, most letting agents will fail my applications and ask for a bond up front. Either way, I'm still looking. I never left anything to the last minute, I've been dealing with this all along. The letting agent are literally harassing me with petty little issues which really shouldn't be...

 

*edit* Sorry I misinterpreted what you said. Nothing is left to the last minute. The S.21 is conditional and I have it in writing to confirm this. In terms of that, I've literally turned myself into a hermit rarely leave the house and never talk to neighbours.

 

What my main questions were, were regarding the validity and for the 2 reasons I mentioned in the OP. Let me summarise:

 

1) Despite having an S.21, at the moment I'm not in any danger of being evicted because of the letter laying out the conditions. So it's not last minute

2) The dates are all wrong on the S.21, does that invalidate it?

3) Does the fact that they used an S.21 against me for fictitious actions of ASB serve as misuse of the justice/whatever system? i.e. they clearly state in a letter that the S.21 is PURELY for the apparent ASB incidents, which on both occasions haven't been look at in that way by the police as all police calls were instigated by myself.

 

Thanks,

 

A

Edited November 4, 2013 by adridude

[adridude]

http://www.consumeractiongroup.co.uk/forum/showthread.php?408214-Conditional-S.21

 

What does this have to do with TDS?

[adridude]

who are your LL; the council? or private LL?

 

Private LL through their Letting Agent.

 

Where is the property? The only CASA I can find has a Dublin address.

Local Councils etc tend to provide deposit bonds for LLs, not cash deposits. It is classed as a loan as LL may

have reason to claim against bond for T damage.

If LL did not receive a cash deposit no DPS is required.

 

 

Casa is no longer (as I said earlier), it's been absorbed by the local Council. I'm still confused about how you worded the 'because it's a loan and no cash was received, no TDS is required'. If that were the case, does that mean that this post: http://www.consumeractiongroup.co.uk/forum/showthread.php?155645-TDS-eligibility-implication-of-breach-and-legal-questions-answered

 

Is incorrect in this sec ion (I'll highlight the bit I'm referring to in pink):

 

Eligibility for TDS legislation

 

You are eligible for TDS protection if you meet the following two criteria only:

 

- You have an Assured Shorthold Tenancy (AST)

- You paid a deposit(of any kind) after 6th April 2007 OR

you have signed a new AST/fixed term agreement to renew an existing tenancy after this date, where there is a deposit held in respect to the tenancy

 

Whether or not it is a loan, surely it should be mitigated by a third party i.e. the TDS to stop money-hungry LL's from ripping people off? Who stops the LL from saying I totally destroyed the place and running away with the full £1800 or whatever it is then?

[adridude]

Ah wait, I just twigged as to why you asked about the last minute thing. I don't need the deposit or anything When I went into the forums to ask about the S.21m I noticed the thread about the TDS and read it. After reading it, it just left me with a few questions As TDS would be ideal to look after the 'deposit' at hand as, well my trust levels aren't too high when it comes to my LL & LA.

 

Anyway, the S21 is irrelevant, hence why a totally different post Can we go back to the topic at hand?

[mariner51]

adri, the s21itself is not 'conditional', just that LA have agreed not to take action, provided you follow their request.

The s21 will remain live for 12 months. If the dates make it invalid, it can be served again with further 2 month expiry.

[mariner51]

The post you highlight was posted in 2008, deposit rules have changed due to the Localism Act that came into force Apr 2012.

The LL cannot just claim on the bond guarantee without an accepted claim and most LA bond Gs are time limited.

 

So is the property in Ireland, Scotland, or E&W as diff Laws may apply?

[Lea_HTH]

If the deposit was a 'deposit guarantee', then no money exchanged hands.

 

It's a 'loan', because if the LL claims for damages to the property, the local authority will pay out and then get repayments from you.

 

If no money changed hands, there's no TDS requirement.

[Lea_HTH]

s21 actually doesn't have an end date per se. They can be ended only by ending the tenancy (either by moving out or by court action), or by the creation of a new tenancy for the same property.

 

So, whilst the LL said it would last 12 months, whoever he got his advice from got it wrong. It'll last until one of the things in my initial paragraph occurs and the LL can act on it (so long as it is validly served) whenever he chooses.

 

The conditions he is asking you to comply with have absolutely nothing to do with the s21, and the comment you posted from him just indicates he is using it to ensure you behave yourself.

 

To answer your questions.

 

1. As above.

2. You haven't given us the relevant dates - so how could we tell? Provide the date of the tenancy agreement, date rent is due, any variations that have been allowed, and any renewal of tenancy agreements. Then provide the actual dates written on the s21, as well as any additional wording.

3. They can use a s21 at any time, whenever they like, for whatever reason they like. In court it won't matter what reason they told you about the s21, the only thing that will matter is was it validly served and if there was a deposit was it protected. A possession order will follow if things were done correctly.

[adridude]

Edit, scratch that, I contacted the council and found out that the only money which changed hands was the first months rent. Thanks for helping out