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Can my landlady do this?

Started by Teresa, June 07, 2016, 01:41:42 PM

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Teresa

Hi

I have been living in my home for nearly 9 years now.  I have always dealt with my landlord who always told me that this was my home and as long as the mortgage payments were covered, he was fine with that.

Late last year my landlord became ill and his wife has taken over!   At the end of March this year, she posted through my front door a letter informing me that she was increasing the rent by £150 from £950 to £1100 a month.  There was no request, no discussion, just a statement!  This works out at an increase rate of 15.4% - even the average annual rent increase in London is a lot less than this. 

It was my son's 21st birthday at the end of April, and I was away visiting him that weekend when she was constantly emailing me, demanding confirmation that I had adjusted my Standing Order to them to allow for the rent increase,  I tried to point out that I was away and would respond on my return, but she demanded I reply by a certain time that day or she would take further action.  The increase wasn't due to start till June 1st!

I had to take time away from my family to organise my answer.  I replied stating that whilst it was fair to suggest a rent increase, the amount she was expecting was too high and double the CPI rate for our area.  I suggested an alternative that was in accordance with the CPI.  It took her 3 days to reply "This is not acceptable".  That was it, that's all she said.

2 weeks later she turns up on my doorstep, unannounced, and makes me sign for a letter she handed to me, giving me my 2 months notice.  She confirmed I got the notice because I didn't accept her rent increase amount.

Now she sent me an email yesterday informing me that her husband would be entering my home this Thursday between 9 & 2 with "another person" to carry out an inspection (notice period is up to 17th July!).  Even if I'm not at home, they will still be entering!  They can't enter without my permission can they? 

I'd appreciate any help and advice from anyone please.  This woman is a real bully and is always very aggressive towards me whenever she speaks to me.  There's been no discussion, no communication, just her shouting the odds and giving orders!

Hippogriff

Yes, a rent increase can be imposed upon you - but it's always better to be done by agreement. While £950 to £1,100 seems like a lot, if that's the first increase over 9 years, then it isn't a lot at all - it's just a big jump at once - it's poor management on the part of the Landlord certainly, as the property could be well behind the market (which is not good for anyone). If you do not wish to accept the rent increase then a Landlord can serve you a Section 13 Notice. If you don't accept that then the likely outcome would be eviction.

This is what's happening now. You've been given notice of some kind... if you want to let us know what the document says we can tell you if it's valid. If it's not valid then you could remain on longer, but even the most idiotic Landlord would eventually get you out. Let us know if there was a deposit and it that's been protected correctly.

Inspections can be carried out, yes. As long as the requisite notice is given - this would usually be at least 24 hours. You can fight that if you want, but it would normally be covered in the agreement you have. You can even go and change the locks if you so desire. Just ensure you put them back at the end of the tenancy.

Hippogriff

I'd say it's 15.8%... but that's just me... 15.789%.

Notgotascoobie

As Hippo said - the Landlord is well within his/her rights although the management of the process seems to leave a lot to be desired.

I would personally focus on looking for a new property as opposed to putting energy into fighting a losing battle which will just add to your frustration.  Good luck

Audrey Wright

Landlord's do have a right to increase the rent. The AST allows them to charge whatever they want, even if it's absurd. However, they do need to issue you with a new tenancy, reflecting the change of monthly rent. Unless you sign it, you're probably going to get evicted.

You say your landlady gave you a notice with two months to leave. It surely is the Section 21 notice, which initiates the eviction procedure. After the two months expire and you have not moved out of the property, your landlady can begin an accelerated procedure with the courts to obtain a "possession order". An accelerated procedure means you will not have a court hearing, but your landlord will be granted the possession order automatically. They can then use that possession order with the county bailiffs and have them expel you physically from the property.

Now this procedure is long and it can take up to six months before you get the boot, but it's recommended to not go by this route if you can end the tenancy peacefully.

As Hippogriff said, you need to check if your deposit was protected at the beginning of the tenancy. Otherwise, your landlord cannot serve you the Section 21 notice to begin with and they cannot evict you legally.  So, it's very important to check how things are going there, especially if you've had a long tenancy like yours.

As for the landlord going in the property, they have a right to do so, provided they have made a notification no less than 24 hours prior to their visit. With your approval, they can enter even if you're not present, however, you can deny them access under your "right to peaceful enjoyment" of the property. This gives you control over who goes inside - you can change the locks and ban both the property owner and the letting agent and even the police, unless they have a court order that overrules your right.

It would seem that your landlord's wife is not as good a manager as he is. Whatever it is, your smooth tenancy has come to an end, and even if you do manage to make things up, I'd recommend you just find another home.

Hippogriff

Quote from: Audrey Wright on June 28, 2016, 03:07:50 PMHowever, they do need to issue you with a new tenancy, reflecting the change of monthly rent.

This is incorrect, sorry.

Martha

Quote from: Audrey Wright on June 28, 2016, 03:07:50 PM
The AST allows them to charge whatever they want, even if it's absurd.
Not convinced this is correct as a blanket statement.

Doesn't it actually depend on what is written in the AST ?

Many ASTs might not say anything about rent increases, which means that a landlord can have a free reign.

However, some might for example say that the rent will increase at x% per annum. - in which case they can't charge whatever they want.