letting agent feel like they are trying to out me

[djpleasure]

Not sure where to begin with this, but I am at my wits end, worried sick. I suffer depression with a history of suicide attempts, everything going on is seriously effecting my ability to keep my head above water.

 

I am in private rented accommodation through a letting agent. My tenancy started in Feb 2011, I paid a month in advance, a months deposit and an extra month in advance due to being a pet owner. The rent was £650pcm.

 

I had to have a guarantor also, but as my initial guarantor only earned about 19k a year, a second guarantor was required. Both guarantors signed relevant paperwork on start of tenancy.

 

I am on Housing benefits as disabled, unable to work due to mobility and mental health.

 

My first agreement was for 6 months.

After 6 months I had to pay £45 + Vat to renew for a year, guarantors not asked to do anything, no mention of them.

 

I am now coming to my 3rd year of tenancy (Feb 19th), having renewed previously for 18 months and more renewal fees.

 

I have never caused any issue and my rent has always been paid in full and on or before time.

 

This time I was contacted regarding renewing, apparently landlord apply to renew for 12 months at same rent of £650, which is a lot for what property is. I then requested 18 months, this was declined, I asked why, then told they wanted to increase by £25 a month, to which I stated I could not afford, letting agent quoted "I am sure they will agree on £15.

 

Thereafter a lot of moving goalposts by letting agent, below is email correspondence, ** = from letting agent also in bold, @@=from me:

 

14/01/2014:

**We informed the landlords that you asked for an 18 month tenancy, but it is their decision to offer a 12 month tenancy only.

 

They have not indicated any rental increase for this period.

 

14/01/2014

@@ I asked Manager to deal with the matter

 

15/01/2014

**I wonder if you would be good enough to call me on my mobile, which is *********, when possible.

 

After phone conversation between letting agent and I, a £15 per month increase proposed, and as shown below, agreed by Landlord

 

**17/01/2014

The landlord will do either a 6 month only tenancy with no rent increase or an eighteen month tenancy with an immediate increase of £15pcm effective 19th February 2014.

Please advise which option you will take so I can arrange to have the necessary tenancy agreement mailed to you.

 

 

**20/01/2014

The landlord will not enter into a 12 month tenancy without an increase. She is still happy to do an 18 month tenancy but either way is looking for the increase of £25 pcm.

 

@@Noting the above, No Increase, then £15pcm increase, then £25pcm increase, it is easy to see why I am not happy, the goalposts moved 3 times in less than a week, this is far from being fair.

The only affordable option I have is that of the email you sent

17/01/2014, 18 months with £15pcm increase with immediate effect.

 

**20/01/2014 Our landlord is happy to do the 18 month contract but does want the increase and will accept the £15 pcm as discussed.

 

I await your advice.

 

**24/01/2014 I can confirm receipt of your previous email and a tenancy agreement will be sent to you once we have received your renewal fee of £54.

 

I paid the renewal fee and was expecting my tenancy agreement.

 

27/01/2014 **Thank you I will ensure the documents are sent to you asap.

 

then I get another email:

 

04/02/2014 **Thank you for the payment of your renewal fee.

 

To enable me to forward your renewed tenancy agreement please can you provide the email address for your two guarantors; ****** ****** and ******* *********, as they too will need to be sent the documents for signing to confirm their agreement to continue standing as guarantors on your tenancy.

I trust this is satisfactory to you, however should you have any queries please do not hesitate to contact me.

 

I am astounded, My Guarantors only ever signed one agreement when I first moved here, why asking again now? I face a major hurdle, I have one Guarantor that will support me, but unfortunately the second lost their job so cant do it, I have no other options for a replacement guarantor.

 

I am stressing so much, feel as if my future here is in jeopardy, which is effecting my mental state, what with this and other personal issues. I have searched high and low for alternative accommodation but to no avail, I am on the housing register as a high priority, with bidding number etc, but severe shortage of suitable properties, thus far nothing has become available.

 

Any help greatly appreciated

[leonmassey]

Go to your local council and ask for a fair rent review.

[djpleasure]

If I do that, I am sure that they will not renew and refuse housing benefit in future, issue not so much about rent, guess i have to swallow that, but the guarantor bit is causing me issues

[mariner51]

OP has been paying current for several months and the proposed new 6 month AST is at same rent, so there is nothing to appeal IMO

 

 

Make yourself unavailable and do not respond until after end of current fixed term (19 Feb) but ensure you are living in property on night of 19/20 Feb, then a SPT will be automatically created at midnight. LA/LL cannot force you to sign a new AST

Currently LL has option of serving s13 Notice of rent increase, which can be appealed to first level rent tribunal, within 30 days of service, for determination of binding fair rent for next 12 months, or a s21 repo Notice, min expiry 2 months before Court action.

It is likely G liability ended with first renewal of AST.

Harsh but private LLs are not part of social services, but a Judge may take your vulnerability into account when considering repo

[king12345]

Just ask both guarantors to sign again.

It's unlikely they will be asked to provide prove of income again.

One way or another, there is no chance for you to get evicted even if you stopped paying the rent all together.

Being a registered disabled person prevents you from being easily evicted without having another place to go to, so don't worry.

I suggest you keep paying the rent, maybe even the extra £15, so there would be zero chance for them to evict you.

In the mean time speak to the council about this situation and maybe they will help.

Some councils are better then others, so it's a postcode lottery really.

In any case the first advice they will give you is to keep paying rent and remain in your current home.

Good luck.

[Beatrice Bee]

Unless there is a clause in the TA which has the effect that it is not an AST [but an assured / secure tenancy], the judge will evict T with a Section 21 with a 42 day grace [disabled].

 

Registered disabled and keeps paying rent on time does count with LA / HA secure tenancies.

 

Once the fix term is over [AST], private LL can repossess property without having to give a reason. Does not matter whether registered disabled or whether up to date with rent payments.

 

OP can request in writing that his HB be paid straight to the LL / agency because "he has difficulty managing his money". This consent can be withdrawn at any time.

 

So instead of 2 guarantors, would agent accept direct payment from council?

 

The renewal fee has been paid. A tenancy agreement does not have to be in writing.

 

OP is eligible for discretionary housing payment: council would cover the shortfall in the rent. They did for me for 6 months to allow me to stay in my flat without incurring rent arrears and to give me some time to find cheaper affordable accom.

 

A supporting letter needed from OP's doctor to go with the discretionary housing payment application: "Could you please assist OP to allow him to remain in his current accommodation / to provide rent in advance to allow OP to secure new accommodation?"

 

Direct payment from the council and the £25 increase paid should keep the agency happy for at least 6 months. I would try to negotiate a one-year agreement with the above conditions.

 

Guarantor who has no job now can not sign because if found out he will be done for false representation.

 

OP has a right to remain in the property even after the fix term ends and even if he does not sign a new agreement, by virtue of Section 5 of the Housing Act 1988: a statutory periodic tenancy arises which can be brought to an end any time with two clear months notice for no particular reason by virtue of Section 21 of HA 1988.

 

As you will know, only bailiffs can evict tenants, once there is a possession order which takes a couple of months to obtain after the expiry of the Section 21.

 

T is not gone after the 42 days is over, LL has to apply for a bailiff order to evict.

 

So it does not happen overnight but 2-3 months for notice to expire, 2 months to get the possession order, another month to get the bailiff order and time and date.

 

OP has a very good credit record with this agency: always paid on time so there is no reason why they would refuse direct payment from the council.

 

One of my ex LLs only takes HB tenants and it is in the tenancy agreement that the condition of the tenancy is direct payment from the council. The validity of the clause may be questioned in court but some LLs believe they have a right to give notice if T breaches this clause.

 

Let us know what the agency thinks about such a clause and direct payment.. Keep stressing you always paid on time so why would they want to lose a tenant who pays on time and the money agreed?

[Lea_HTH]

 

So it does not happen overnight but 2-3 months for notice to expire, 2 months to get the possession order, another month to get the bailiff order and time and date.

 

 

You need to stop saying this. If a s21 notice was served with the tenancy agreement, LL would be able to progress straight to court once the fixed term has ended. If not, then, properly served, it would only take 2 months to be effective, it can then take as little as 2-3 weeks to get a PO via accelerated proceedings (done on the papers) and as little as one week for the execution of the order (another paper exercise).

 

Each time you post the wrong information, you are giving people false hope - it is better to give the QUICKEST times it could happen, and let them take proper advice from the duty scheme at their court (who will know how busy the bailiffs are).

 

OP - you've agreed the rent increase on the basis of an 18 month contract - so whilst you could do as Mariner suggested, you're on shaky ground due to the agreement and the payment of the renewal fee - it would be easy to show in court that the intention for both parties to enter a legal contract was clear.

 

Practically, and to answer the question you actually asked, you should negotiate with the LL/LA and point out to them that you have been a good tenant for several tenancy agreements and have no intention of being anything other than a good tenant in future, and as such, you would like them to continue with the new tenancy agreement without guarantors. See what they say first.

[Beatrice Bee]

Wrong advice? Where does the OP say that he was served a Section 21 at any point or at the beginning of the tenancy?

OP would certainly state if had been given a notice. Wrong advice is he can't be evicted easily because he is registered disabled and guarantor who lost his job should sign as a guarantor again. Do you want to point out why the above is wrong advice or it is only me you decided to pick on?

 

Housing lawyers on landlordlawblog say the accelerated possession proceedings are not quick, despite their name and for some reason I believe them.

[Lea_HTH]

Wrong advice? Where does the OP say that he was served a Section 21 at any point or at the beginning of the tenancy?

 

The same place I said you gave 'wrong advice' - i.e. nowhere. What I did say was that you post the wrong information, because you have said the same thing on several different threads - and it is wrong.

 

OP would certainly state if had been given a notice.

 

Irrelevant because I corrected YOU, not the OP.

 

Wrong advice is he can't be evicted easily because he is registered disabled and guarantor who lost his job should sign as a guarantor again. Do you want to point out why the above is wrong advice or it is only me you decided to pick on?

 

I was clear about what the wrong information was as I only quoted the bit I was referring too. Try reading, and get over the thought you are being 'picked on' - you're giving inaccurate information and it needed to be corrected. Since you raise it here though, being registered disabled does not automatically qualify someone for exceptional hardship in relation to extending the PO date.

 

Housing lawyers on landlordlawblog say the accelerated possession proceedings are not quick, despite their name and for some reason I believe them.

 

I see accelerated proceedings being used regularly since I defend possession proceedings - so I'll rely on my own DIRECT experience rather than your second hand reading of other people's alleged experiences any day. So, if you don't mind (or even if you do mind!), stop telling people stuff that you don't actually KNOW and leave it to those that do.

[Beatrice Bee]

[Fee-paying website removed by site team.]

 

What I am trying to say is it may be dragged out to over a year if LL does not get the notice or the evidence right. For me there was no PO a year after serving the first notice. Had Section 21 claim, Section 8 claim, counter claim, water cut off, heating not fixed, illegal eviction, injunction to be reinstated. It was an awfully slow process: 6 month wait for the second hearing because LL's evidence in first one was not sufficient.

 

Professional LLs and agents will get it right. This agent looks money greedy: rents are sky high in London: way above what HB tenants can afford so this £25 pcm increase is nothing.

 

They could just decide to ask for £900pcm and there will be working ppl who will pay the price and who can afford it. So if OP gets notice the market price is the real reason, not the lack of guarantors.

Edited February 6, 2014 by honeybee13
Fee-paying website

[Beatrice Bee]

Looks like I was defending my cases better than you do yours since your clients are out after 2 weeks. Thank you.

[Beatrice Bee]

My LLs solicitors served me a Section 21 and waited 2 months for it to expire only to be told at the hearing that it is not an AST because it is a conversion and LL lives in one of the flats. Tenants who read up on law can defend the case and solicitors who think themselves clever can prove a very expensive mistake for the LL.

[mariner51]

Now children, play nicely and less of the 'my dad is bigger than your dad'.

 

 

Of course s21 PO's can be protracted for several months if LL gets it wrong, equally it could take less than 4 weeks if hde gets it right.

Thia forum aims to provide best, accurate advice for both LLs & Ts, though rarely black & white. The final arbiter is the Judge, whose decision could be appealed.

[Lea_HTH]

Of course s21 PO's can be protracted for several months if LL gets it wrong, equally it could take less than 4 weeks if hde gets it right.

 

That is the point I made. The lowest amount of time is the preferable advice - if it then extends, the tenant can think themselves lucky.

 

Thia forum aims to provide best, accurate advice for both LLs & Ts, though rarely black & white. The final arbiter is the Judge, whose decision could be appealed.

 

Exactly, and since I've been in court thousands of times with possession cases, I am undoubtedly in the best position to state what is more likely to happen than someone who 'had a s21 notice served on them by their LL'.

 

The number of times I've had people come in to court saying they read something on the internet that some random idiot person who claimed to have experienced it themselves and therefore their experience was the accurate way, is countless. Disabusing such people that their stance is correct is a pain in the butt. It is probably one reason so many lawyers give their time for free on forums like this - to stop ourselves having to deal with that type of nonsense in court.

 

Equally having to deal with idiot LLs who have also read idiot information on the internet!

[king12345]

I really want to see a judge evicting a disabled person who's paying regular rent in 2 weeks.

This is dreamland for the LL.

I have seen criminal charges being dropped because the offender was registered disabled, let alone a civil case.

I am no expert in land law, but 2 weeks to evict a disabled person who's paying regularly seems a bit pushy.

[Lea_HTH]

I really want to see a judge evicting a disabled person who's paying regular rent in 2 weeks.

 

Why would you want to see that?

 

This is dreamland for the LL.

 

Proper service of the correct notice WILL result in a possession order on mandatory grounds. That is a fact.

 

I have seen criminal charges being dropped because the offender was registered disabled, let alone a civil case.

 

You're fooling yourself (and attempting to fool others) by thinking that a disability is any reason for a court case to fail.

 

I am no expert in land law, but 2 weeks to evict a disabled person who's paying regularly seems a bit pushy.

 

Clearly you're not an expert in law, period. This is landlord & tenant law. That aside, there is nothing in this thread anywhere that says '2 weeks to evict'.

[king12345]

Why would you want to see that?

 

 

 

Proper service of the correct notice WILL result in a possession order on mandatory grounds. That is a fact.

 

 

 

You're fooling yourself (and attempting to fool others) by thinking that a disability is any reason for a court case to fail.

 

 

 

Clearly you're not an expert in law, period. This is landlord & tenant law. That aside, there is nothing in this thread anywhere that says '2 weeks to evict'.

 

First sentence is sarcastic, difficult to understand for some.
Landlord & tenant law?!?!
No such thing exist.
Maybe the fact that there's a landlord and tenant act makes you think that there must be a branch of the law called that way.
If that was the case there would be theft law, fraud law, etc.
As you are the only expert here on cag, we all better unsubscribe from the forum.
But please, 2 weeks to evict someone?!?!?!
Absolute rubbish