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Can a new landlord ignore an old landlords section 13

Started by RobertG, December 17, 2023, 08:35:03 AM

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RobertG

Rolling contract - I had received a section 13 and accepted

A month later the property has been sold

The new landlord immediately has proposed a new 6 month tenancy agreement with a further increased rent? (Without even months notice)

Can they ignore the previous rent increase even if it's a section 13 as they claim it's void under new ownership?

Realistically if I don't accept am I wrong to say they'll probably just evict me as they already saying I don't like it hand in your notice..

It's a managing agency on behalf of the landlord but clearly being agressive.

Thanks for any advice

jpkeates

There's no need to "accept" a s13 notice, you just don't appeal it and it comes into force.

The change of landlord doesn't invalidate or void the previous landlord' notice.

You don't have to sign a new agreement if you don't want to. The new owner can serve notice on you (there's nothing you can do to stop them doing that), but there chances of enforcing it if you decline to move out are significantly less if you don't sign a new agreement. There's a reason most experienced landlords don't buy tenanted properties!

If they're saying if you don't like it hand in your notice, they're clearly misunderstanding the situation. If you don't like it, just don't sign it. The next step is up to them.

A new six month tenancy has no real value to you, it doesn't give you much additional security. They can't use another s13 notice to increase the rent for another 12 months. There's no real incentive for you to sign a new agreement at all.

RobertG

#2
Thanks JP

I didn't think they can do another s13 why they put it in a new 6 month tenancy.

By agreeing I meant I just paid the new proposed rent from the previous landlord.

But to clarify if I understood right,


You're saying the new landlords managing agents are less inclined to enforce an eviction if I don't sign the new agreement?

Could you elaborate for me please?


It's a block of flats.. and the rate is still below the market rate for full transparency but they write we've just rented a further 3 flats at a higher rate (they seem unhappy with the previous landlords s13 increase clearly)

Thanks for your advice so far!


jpkeates

Not "less inclined", it's just more difficult to enforce.

When you make a possession claim when there's no rent owed, the landlord has to provide a lot of basic information to be allowed to proceed. A landlord buying a tenanted property often doesn't have that information and isn't in a position, unlike your previous landlord, to claim confidently that, despite the lack of supporting evidence, I recall that this was the case.

That doesn't mean it's impossible, or that the new landlord or agent won't simply serve notice as a routine "next step".

If the market rent is higher than the current rent, that's possibly the reason for buying the property and their plan relies on you paying the higher rent or being evicted and replaced with someone who will.

The level of rent isn't linked to history. Market rent is pretty inevitable.