Rent Increses for an Assured Tenancy

[psydonic]

I am currently an assured tenant after inheriting my mothers regulated tenancy. It's a home I've grown up in all my life and after my succession I've had nothing but trouble with the LL - they actually said, in court, they never wanted me to stay there and begrudge me living in the property despite it being my home all my life.

 

I had a feeling this would happen but it appears the LL wishes to put the rent up. I was open to an increase because I can appreciate that the rent previously had been very low however I'm effectively being priced out of the property. He's increased the rent 4x for a property in which all the fittings, fixtures, carpets etc are mine. I don't think this is fair and when I've challenged it I was told my option was to leave. I know exactly what his game is..

 

I know that my situation is relatively rare so I can't find much in the way of advice on Assured Tenancy rent increases. Is there a limit to how much he can raise the rent by? I feel begrudged being strong armed into paying what I feel is quite steep for a property that has been maintained by family and myself in recent years; market rate is one thing for a place that's got all the amenities but the bathroom and kitchen need some essential work and I don't want to be paying him over the odds if he's not going to come in and put all that right either.

 

I've also been told there are no fair rents for people in my situation; the tribunals are all gone.

 

All help or advice is appreciated

[raydetinu]

There are rent tribunals still going.

this may help.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

http://england.shelter.org.uk/get_advice/tribunals/rent_asssessment_committeees

[psydonic]

Thanks for that. It's odd though that the Local Authority has told me the complete opposite; essentially agreeing that I should either cough up or move out and that it's perfectly ok for him to price me out of a home.

[honeybee13]

Thanks for that. It's odd though that the Local Authority has told me the complete opposite; essentially agreeing that I should either cough up or move out and that it's perfectly ok for him to price me out of a home.

 

Hello and welcome to CAG.

 

I agree with Ray, Shelter know their stuff. It's worth talking to their helpline.

 

My best, HB

[45002]

I am currently an assured tenant after inheriting my mothers regulated tenancy. It's a home I've grown up in all my life and after my succession I've had nothing but trouble with the LL - they actually said, in court, they never wanted me to stay there and begrudge me living in the property despite it being my home all my life.

 

I had a feeling this would happen but it appears the LL wishes to put the rent up. I was open to an increase because I can appreciate that the rent previously had been very low however I'm effectively being priced out of the property. He's increased the rent 4x for a property in which all the fittings, fixtures, carpets etc are mine. I don't think this is fair and when I've challenged it I was told my option was to leave. I know exactly what his game is..

 

I know that my situation is relatively rare so I can't find much in the way of advice on Assured Tenancy rent increases. Is there a limit to how much he can raise the rent by? I feel begrudged being strong armed into paying what I feel is quite steep for a property that has been maintained by family and myself in recent years; market rate is one thing for a place that's got all the amenities but the bathroom and kitchen need some essential work and I don't want to be paying him over the odds if he's not going to come in and put all that right either.

 

I've also been told there are no fair rents for people in my situation; the tribunals are all gone.

 

All help or advice is appreciated

 

Thanks for that. It's odd though that the Local Authority has told me the complete opposite; essentially agreeing that I should either cough up or move out and that it's perfectly ok for him to price me out of a home.

 

Hi psydonic and welcome to CAG.

 

May I ask what the court case was about !

 

As for the rent, LL cannot increase your rent just like that....

 

You have a Assured tenancy using succession rights from a regulated tenancy, the rent should be set using the same formula as a regulated tenancy.

 

Contact the The rent service now called the VOA, tell them you have a Assured tenancy from succession rights of a regulated tenancy and they should explain to you what to do .

 

http://www.voa.gov.uk/corporate/RentOfficers/contactRentOfficers.html

 

Let us know how you get on ....

[mariner51]

Minor point, you did not inherit your mother's Regulated Tenancy, you obtained an Assured Tenancy for same property by virtue of your 'succession rights'.

'Fair rents' are only applicable to Regulated Tenancies, not Assured Ts. The only value of Assured Ts is difficulty in evicting T, the LL can ask for market rent.

However, how did LL notify rent increase - by simple letter or s13 Notice?

If s13, then you have 30 days from receipt to ask the 1st tier rent tribunal of VOA (previously rent Tribunal) to assess a reasonable rent for next 12 months. It may or may not involve a property inspection.

If you have paid some or all of requested increase, then Game Over, that is your new Rent.

 

 

Don't blame Council, info is usually given by the person on the lowest pay grade avail.

Ever tried asking a tech question from a Co. product helpline?

Doesn't mean Council cannot be held resp for providing misleading info that causes loss.

[45002]

Minor point, you did not inherit your mother's Regulated Tenancy, you obtained an Assured Tenancy for same property by virtue of your 'succession rights'.

'Fair rents' are only applicable to Regulated Tenancies, not Assured Ts. The only value of Assured Ts is difficulty in evicting T, the LL can ask for market rent.

However, how did LL notify rent increase - by simple letter or s13 Notice?

If s13, then you have 30 days from receipt to ask the 1st tier rent tribunal of VOA (previously rent Tribunal) to assess a reasonable rent for next 12 months. It may or may not involve a property inspection.

If you have paid some or all of requested increase, then Game Over, that is your new Rent.

 

 

Don't blame Council, info is usually given by the person on the lowest pay grade avail.

Ever tried asking a tech question from a Co. product helpline?

Doesn't mean Council cannot be held resp for providing misleading info that causes loss.

 

As this is a succession rights from RT to AT, same formula is used as a regulated tenancy for setting the Rent ...

 

LL cannot get full market rent.

 

Tenant can claim excess rent back if they where tricked/forced to...

[mariner51]

My email notification of replies, 45002 replied with

"As this is a succession rights from RT to AT, same formula is used as a regulated tenancy for setting the Rent ...

 

LL cannot get full market rent ....

***************"

Post #7appears to have been edited to remove this inaccurate info.

Having just spoken to VOA, Fair Rents dept, for my own education, they confirm that with an Assured Tenancy acquired through succession rights from a Regulated Tenant, no such formula applies, the LL can ask for any rent, payable if acceptable to T.

I assume if the increase is not acceptable to T then he can apply s13 dispute and local first tier tribunal will set a binding rent for next 12 months as explained in #6.

[45002]

My email notification of replies, 45002 replied with

"As this is a succession rights from RT to AT, same formula is used as a regulated tenancy for setting the Rent ...

 

LL cannot get full market rent ....

***************"

Post #7appears to have been edited to remove this inaccurate info.

Having just spoken to VOA, Fair Rents dept, for my own education, they confirm that with an Assured Tenancy acquired through succession rights from a Regulated Tenant, no such formula applies, the LL can ask for any rent, payable if acceptable to T.

I assume if the increase is not acceptable to T then he can apply s13 dispute and local first tier tribunal will set a binding rent for next 12 months as explained in #6.

 

Yes, post #7 had been removed by me while I checked and posted correct information....

 

While I rang the VOA early on and ask them the question and they confirmed what you had posted was Incorrect ....

 

LL cannot get full market rent and same formula is used as a regulated tenancy for setting the Rent As this is a succession rights from RT to AT...

 

But

 

Only time LL could get Full market rent is if a tenant had 1st moved in between 5 January 1989 and 27 February 1997 and No s20 was issued at start of tenancy and Tenant could then appeal within the 1st 28 days to http://www.justice.gov.uk/tribunals/residential-property

[psydonic]

Yes, post #7 had been removed by me while I checked and posted correct information....

 

While I rang the VOA early on and ask them the question and they confirmed what you had posted was Incorrect ....

 

LL cannot get full market rent and same formula is used as a regulated tenancy for setting the Rent As this is a succession rights from RT to AT...

 

But

 

Only time LL could get Full market rent is if a tenant had 1st moved in between 5 January 1989 and 27 February 1997 and No s20 was issued at start of tenancy and Tenant could then appeal within the 1st 28 days

 

Hi Guys

 

To answer an earlier question, we were in court for several reasons. Primarily, he refused rent from me and then took me to court under the guise i was a non-paying tenant. He denied ever saying that he wouldn't take the rent and painted a picture that made me out to be a problem tenant who owed him thousands. Fortunately I guessed his plans early on and recorded him telling me that he was unable to accept rent until his solicitor had confirmed I was allowed to stay. They tried to stop me playing it in court but the judge allowed it - i told them i had it but i think they thought i was bluffing. I still had to pay all the rent that was due, (paid in full immediately), but he lost a fortune in barrister/solicitor and court fees as well as being lumbered with my own legal bill. At the hearing he stated, on the record, that there was "never any intention on his part to let me remain in the property" - I thought that his admission would have helped me lodge a case for compensation for harassment but still the LA refuse to handle it. Not so much as a stern talking to about it.

 

 

**Edit: Just so no one thinks I was trapping this guy, in letters to his solicitor and in my witness statement I made it abundantly clear I had him recorded. No one asked me for a copy or to hear it. When i went to court with it, the barrister asked for it be disregarded as they had never heard it but the judge allowed it given all my other documentation. I will admit to allowing him to take me to court even though I could have paid him immediately when the small claims letter arrived from the court, but I did not want to admit to being a late payer on my rent; my own solicitor advised me that in doing so he could still apply to have me evicted on the grounds i was unreliable and i was better playing it safe!

 

Anyway, thanks for all your replies, it's nice to see a community dedicated to helping people out of a jam.

 

As we've seen with Mariner51 and 45001, there are so many conflicting views on my legal standing that I just don't know where to turn I've had someone at the council tell me that they consider me a regulated tenant given the amount of time that I have lived at the property, (regardless of the tenancy being my mothers prior), and other people, (at the same LA), telling me that I now have an assured tenancy and that I have to pay what is asked. Edit* My mother had lived in the property since 1964 up to her death in 2012. I have lived there since I was born in 1977

 

It's the definition of "market rate" that is more confusing. Market Rate would imply that the LL has an obligation to see to things like major redecoration, carpets, fittings etc. I've been informed that this is all still down to me yet the rent is inline with something like a fairly modern home I could rent from someone else where a LL is obliged to make sure I have a carpet or light fittings.

 

I have an appointment booked with Shelter next week for advice but should I call the VOA? I only ask about that because I'd already called the VOA after I received notification from them that the LL had applied for a rent increase but they sent a letter back telling me, and the LL, that they couldn't calculate the rent as it was now an assured tenancy?

 

I'm wanting to get this resolved because the LL is pressing me to sign a document agreeing to the new rent level and wanting it to start next month. I'm also concerned because he wants to do "work" to the house after the rent increase and I've been advised that if i pay a higher rate and now and he claims that he's done works he can raise it again?

 

All I want to do is remain in the house, in peace. I know he's probably miffed that he cant just tell me to leave but it seems odd that they have the right to succession but then give a LL the ability to price someone out of their home anyway.

Edited August 8, 2014 by psydonic

[45002]

My humble apologies to you psydonic about any confusion ...

 

Sounds a right old dodge LL ....

 

Regarding rent increase, I phoned VOA and was told as post #9

 

You do not have to sign anything your LL gives you.

 

It is harassment under 1977 Protection from eviction act if LL persist and legal action could be taken against LL.

 

Lets us know how your meeting goes next week with shelter.

[45002]

PS

 

psydonic, you can read about succession rights in the below link ....

 

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/FairRentRegistration/Jurisdiction/s-roh-succession.html

[psydonic]

Thanks for all your help.

 

What a lot of the people, (especially the LL), fail to acknowledge is that this has been our family home for 50 years. While the property has never been ours, I feel a particular bond with the place. I look around and see so much of my parents there still and were it not for their hard work, money or effort it would be nowhere near as nice. The old LL didn't do a lick to the place in the time that he was around and his son, (my current LL), has only done essential work like electrics etc in the last year.

 

There's actually a similar post on another forum in which a LL tried to remove the son of a protected tenant and lost on the grounds that the son had lived there his entire life and was granted protected status so there's some hope yet but of course this runs contrary to the law in which I am legally an assured tenant only. Of course, the law doesn't say that I'm obliged to pay market rent so I'm hoping when that the VOA and Shelter give me some good news.

 

I told the LL i wouldn't sign anything until i had taken legal advice. He wasn't best pleased.

 

It just seems odd that someone can inherit a protected tenancy like mine, have security of tenure in their home but the LL can literally price them out.

[psydonic]

OK So I've just got a break at work and decided to phone the VOA - I explained my situation to them and I was told that they only dealt with Regulated/Protected Tenancies. That they had no power to intervene and couldn't even tell me what the rent should be set at or what formula is used to calculate it.

 

Although i guess this another example of how confusing this is. As soon as I've made headway somewhere I get someone else telling me something different.

[raydetinu]

I think you can still take it to a rent tribunal for a ruling.

[45002]

Thanks for all your help.

 

What a lot of the people, (especially the LL), fail to acknowledge is that this has been our family home for 50 years. While the property has never been ours, I feel a particular bond with the place. I look around and see so much of my parents there still and were it not for their hard work, money or effort it would be nowhere near as nice. The old LL didn't do a lick to the place in the time that he was around and his son, (my current LL), has only done essential work like electrics etc in the last year.

 

There's actually a similar post on another forum in which a LL tried to remove the son of a protected tenant and lost on the grounds that the son had lived there his entire life and was granted protected status so there's some hope yet but of course this runs contrary to the law in which I am legally an assured tenant only. Of course, the law doesn't say that I'm obliged to pay market rent so I'm hoping when that the VOA and Shelter give me some good news.

 

I told the LL i wouldn't sign anything until i had taken legal advice. He wasn't best pleased.

 

It just seems odd that someone can inherit a protected tenancy like mine, have security of tenure in their home but the LL can literally price them out.

 

Hi again psydonic.

 

Problem is when you ring VOA you get a call center in Newcastle-upon-Tyne, i managed to get through to a Rent officer and was told as post #9

 

There is another thread from a while back someone was having same problems with rent increase like you and they rang VOA and was told as #9 I can't remember if this thread was on CAG, LLz or MSE forums, will keep searching for this thread ...

 

 

I'm a regulated tenant myself like your mom been living in same place for nearly 35 years now, been through two sales of the property on my 3rd LL and know how it feels when a LL what's you out or wants to increase rent to price you out, so on ...

 

You done the right thing by standing your ground and hopefully Shelter can sort it out for you ...