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Old agency tried to increase rent.

Started by tenoutoften, February 06, 2019, 12:56:38 PM

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tenoutoften

Hi, renting home in London for the last 11 months through agency 'A'. Rent is paid by DD, never late. Agreement was for 12 monts, it ends on 28 Feb 2019. Last months my agency contacted me and said landlord wanted to increase rent by £75 a month. I already pay £1475 pm. My rental agreement says 'Landlord may increase rent if APR increases significantly'. APR has not increased during 12 months, also, no improovements in the house were made during our tenancy. We asked to sort leaking roof and window since last July, and that wasnot done till this day, so I refused to agree to £70 pm increase. Agency called me once since, told that the landlord is not happy, but have heard nothing since. 2 days ago I came from work and found another agency's (Agency B)advertising board on my property, saying it was 'to Let'! Rang agency A, who refused to communicate with me, then rang agency B, pretending to be prospective new tennant, and was told the rent will be £1400pm- £75 lower than I'm paying now!
Do not know what to do. Do not have landlord's details, do not want to move, and see no reason why I should pay Agency B fees all over again.I was not issued with Sec 21, or even told by anybody verbally to vacate property at the end of the month. We are quiet people, working, paying rent on time. It looks like some disagreement betwen the landlord and agency A.
What are my rights? Who shall I pay rent to at the end of this months?
Thank you.

KTC

Quote from: tenoutoften on February 06, 2019, 12:56:38 PM
2 days ago I came from work and found another agency's (Agency B)advertising board on my property, saying it was 'to Let'!

A pole in the ground? I would remove the board and dispose of it.

Quote from: tenoutoften on February 06, 2019, 12:56:38 PMDo not have landlord's details

Who does the contract says is your landlord?

Who did you last pay rent to? Make a written request to them under section 1 of the Landlord and Tenant Act 1985 for the landlord's name and address. 21 days to comply, criminal offence not to though penalty is only a small fine.

You can also pay the Land Registry £3 to find out who actually owns the property on a freehold and long leasehold.

Somewhere in the tenancy agreement should also be the landlord address for the purpose of service of notices.

Quote from: tenoutoften on February 06, 2019, 12:56:38 PM
Who shall I pay rent to at the end of this months?

Well, you can withhold rent to see who come chasing.

If your tenancy agreement has clear instruction as how and who the rent should be paid to, and you have not received instruction otherwise from someone you know to be the landlord or landlord's agent at that moment in time, then just follow what it says. Keep clear evidence that that's what you've done though just in case.

Quote from: tenoutoften on February 06, 2019, 12:56:38 PM
What are my rights?

You are free to leave before the end of the fixed term if you wish. You are free not to. If you stay beyond the end of the fixed term, the landlord is deemed to have granted you a periodic tenancy otherwise on the same terms as before. The only legal way for the landlord to gain possession against your will is to serve you a valid section 8 or section 21 notice, go to court for an order for possession, and then having that order executed by a County Court bailiff or High Court Enforcement Officer.

Hippogriff

1) It is your right to refuse a rent increase, but there are other avenues the Landlord can take to then enforce it if they choose to do so and it is deemed reasonable. Most Landlords prefer to implement rent increases by agreement... no-one on the receiving-end likes it but if it's reasonable most don't argue. Your increase is 5% - many would consider this to be reasonable.

2) Improvements and maintenance are not pertinent to the situation, except in how you feel about them.

3) A change of Agent / Landlord / payment details needs to be provided to you, formally - in writing, really - otherwise you should pay rent as you always have done, but ensure the payments you make are fully traceable. Do not let any potential confusion on 'their' side affect you. You should not need to take pro-active action to ensure you're paying the right person, even if you suspect anything has changed.

4) The To Let sign is interesting only... the Agent / Landlord may be of the opinion that your Tenancy is not being renewed at the end of February, but they still need to provide you with formal notice for it to actually end - they cannot just insist you leave on the last day if they've not served you any notice. You, on the other hand, can just up and leave on the last day of the fixed term without giving them any prior notice... good that, isn't it?

tenoutoften

Thanks to both replies. We will stay put, then. Still do not want to leave, but rent increase is not justified- don't care if it is 5% or less. Have not heard from agents or the Landlord. There are details of the Landlord on our agreement with the phone number. Tried to ring him, but it just rings and rings with no answer. Sent him message, but so far no reply.
I don't want to be nasty and not pay my rent or not move when asked, but did not have any requests from the agent or the Landlord.
As one agent told me yesterday, after March (Brexit) they expect rental prices to fall significantly, so I will just stay put and wait.

Hippogriff

Quote from: tenoutoften on February 07, 2019, 12:30:19 PM...but rent increase is not justified- don't care if it is 5% or less.

That's obviously your opinion, not a fact... but your opinion counts, of course.

Yeah, rental prices will drop, food prices will rise... I predict a tsunami (economic)... really, who knows? I wonder if it all might just be steady-as-she-goes..? The last person you, or anyone, should be taking advice from is an Agent.  ;D Nobody knows nothing (sic). I vote that nothing will dramatically change.

KTC

The rent increase clause will not survive the end of the fixed term. So if you stay put and thus a SPT arise, the landlord could then serve you a section 13 rent increase notice. You would then have to either pay the new rate from notice expiry, or ask the tribunal to decide a fair rent.

tenoutoften

UPDATE. Rang my old agency to ask about my deposit's (6 weeks)whereabouts. Was told it was transferred to the new agency. New agency informed me that they have no knowledge of my deposit and to contact my old agency. I have document that says it was put into deposit scheme at the beginning of rental period.  Could my old agency transfer my deposit to the new scheme/agency without my knowledge or consent?
As I said before, I do not want to live rent-free, but feel I shouldn't pay rent and use my deposit, as I have no hope to find where my 6 weeks' deposit is. It is such a mess! In all the years living and renting in London I have never been in a mess like this. Sod all the agencies and horrible greedy landlords!

KTC

Why don't you ring the deposit scheme you were told the deposit was protected with and ask if it's still protected and what if any changes they know about?

There are only 3 companies that are authorised to run deposit protection schemes, you can check all 3 online via https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected .

Hippogriff

#8
Quote from: tenoutoften on February 12, 2019, 11:31:02 PMSod all the agencies and horrible greedy landlords!

Your perspective is warped because you are injured, I'm afraid... it's a rent increase coming in after a year and it's modest. That's entirely normal. In fact, it would be a somewhat incompetent Landlord who just lets rent amounts stay the same year-after-year; it's good practice to ensure rents increase modestly each year, otherwise you end up in a situation where Tenants are living in a property that's way under market value and when it comes time to move on they can't afford anywhere else. If you were able to look at it objectively (which I can sense you aren't able to do) then you would see this.

Check the document you have regarding the Deposit - look for a Deposit ID or something like that... you should then be able to check it specifically (I don't believe that ID should change if it was just transferred). If it was somehow un-protected and then passed over and re-protected it could be a different story, but you would still be able to check the 3 Schemes with your address. Now... the good bit... if you find out your Deposit is not currently protected... please come back to us here for some good news. Could be better than ten out of ten.

Your feeling that you shouldn't pay rent is not supported by the legal position, I'm afraid.  :P Give it a go though... I'd evict you first opportunity.