r0bert Posted November 14, 2011 Report Share Posted November 14, 2011 Dear Landlords, I would highly appreciate your views on my situation and I apologize in advance for this question being from a tenant's perspective. I am a professional who has lived in UK for 6 years. I have had 4 previous tenancies (due to job location changes) and I have not had any problems with landlords whatsoever - until now. In fact my previous landlord said I had been an excellent tenant when time came for me to leave the property. Current situation is I signed a 6 months agreement for Assured Shorthold Tenancy in June. Rent is just above thousand a month with me paying all normal bills. There was oral agreement that we would continue the contract and I was told the rent would not go up. Two weeks back I received a letter telling me to sign new fixed tenancy with rent increase of 100 £ per month or the tenancy ends and they would expect me to vacate the property. This 10% monthly rent increase all of a sudden feels a bit steep to me. Particularly because the service I have had has not been very impressive. I replied outlining the costs that I have had when moving in and saying the rent increase was higher than I would expect and asked if they would be happy with a 2.5% increase in this first year. I also proposed to discuss this over a cup of tea to see if we can come to something reasonable. Well, the same day I got a brief letter saying that after much thought they have decided not to renew the AST agreement and the tenancy ends in December... * Landlord's expenses: After I moved in I discovered that one tap in the bathroom was leaking water permanently and the shower mixer would only give hot water. Also a three way electrical switch was broken in such a way that one knowb is just falling out exposing contacts. It took 4 weeks to fix the tap and mixer. The electrical switch knob was just pushed in so that it does not work, but at least it is not falling out on its own accord. I have taped it to be safe with kids. It was more difficult when my wife discovered that the washing machine's heating element was broken - probably for ages. Dirty washing, cold water only, when the temp dial clearly says 90 degrees. When I asked the landlords to fix it, I was a bit taken aback. I was told the machine was supposed to run on cold water only and many other weird things too. It took me two weeks, me getting behind the machine, getting the machine repair manual from internet and writing a letter to the landlord to convince that the machine was indeed malfunctioning. Even though I was trying to be very polite, I feel they may have taken offence at something; perhaps that I wrote to them. I also believe that these things clearly fall in the remit of items that the landlord is responsible for. Since then there has been nothing problematic over the last 4 months. * My expenses moving in: a bit above 470 £ What I did not catch quite well on the day of viewing was that the previus tenants were smoking heavily in the flat - on the day of viewing they were burning incense - I thought for religious reasons. Plus the previous tenants wife was unwell on the day and hence I looked at the flat for only 5 minutes. Because of the smell once I moved in I put in a lot of my own work, plus hired home help and rented an industrial strength ozone generator to clean the flat (scrubbing walls and ceilings too) and rid it of the smoke smell. I also, with landlord's agreement put up 4 curtain rods with curtains where missing. This put me out of pocket for more than 470 £. I am perfectly fine with not requesting this money from the landlord, but what is happening now I do not enjoy at all. It feels the landlord just wants me to leave, as there is no sign of negotiation, no rationale for the rent increase, just statement that tenancy ends and they would expect me to vacate the flat. I have had no arrears, I keep the flat clean and tidy and I think I have been a good tenant and of course - another move is a hassle for me. I guess my question also is: am I simply getting something wrong? I much prefer things to be resolved in normal communication, this does not look particularly straightforward to me. With thanks, Robert Link to comment Share on other sites More sharing options...
Grampa Posted November 14, 2011 Report Share Posted November 14, 2011 I would suggest you ask for a writen referance from your landlord or agent now so you can find another property before you make a issue of your gripes. Link to comment Share on other sites More sharing options...
Irina Posted November 14, 2011 Report Share Posted November 14, 2011 Good evening, Robert. All details aside, your landlord has a right to raise the rent, but only having warned you a month in advance. You can accept, you can decline and move out, or you can decline and stay in the flat. Legally the landlord can only evict you by serving Section21 Notice (I presume that you are not behind your rent). It has to be served two months before it expires. If LL hasn't done it, then he acts illegally and can't make you accept the new rent or move out, however long in advance). Search eviction on this forum. You can point it out to him and refuse to move out (quite rightly so). Even if you stopped paying your rent from now on (I don't suggest you do), LL can't do anything about it, unless he uses harassment, threats or force to evict you. In this case, it's a matter for police. Tenants in this country are well protected and have more rights than LLs do. I found it out when our T moved in and would pay rent on and off, then refused to move out, even though Section 21 was correctly served. It took me a month to obtain eviction order and I have to wait another month to regain possession through bailiffs because I can't do a thing, or I would be accused of illegal eviction. After Section 21 expires, it only means that LL can start official eviction process, which is very long-winded. Even after eviction order has been granted, he can't evict you himself, should you choose to stay, but has to apply for Warrant of Possession, which takes another 4-8 weeks, so that bailiff can enforce court's decision (if tenant still refuses to move out, bailiff leaves and makes another appointment, which gives tenant eve more time to stay. LL can't disconnect electricity or gas unless he wants to be arrested). I understand that you won't want to stay through all that, if you're not welcome, especially if the place is less than perfect. But don't let the LL harass you. Untill he served you Section 21 and it has expired in two months, he has no right whatsoever to tell you to leave. You're within your rights to continue paying former rent and stay at least two months from the tiem S21 had been served. If you choose to leave now, your LL will most probably, have a couple of tenant-free months because it's very difficult to find one in November-December. So, it may be that he's trying it on. PS I'd tell him about the legal way to serve you notice to quit (through S21 only) and warn him against illegal eviction, which it will be, if he makes you leave or starts visiting you too often (harassment; you have right to quiet enjoyment). Then decide what you want to do next. If you are still within your first agreement, you don't have to give a notice to leave, but if you do, please do so in writing and return the keys. The starting date on your next Tenancy Agreement will protect you against the LL falsely claiming that you still live in property and are liable for rent. Do look up eviction process. It can't be done the way your LL is doing, and therefore, is illegal.Also, it's your LL's responsibility to maintain the property. Link to comment Share on other sites More sharing options...
Irina Posted November 14, 2011 Report Share Posted November 14, 2011 Yes, take reference now. Not worth staying in this place for this money and with a LL with attitude. But do point to the LL that you don't have to leave now, if you chose not to. It may encourage him to give you a good reference just to get rid of you. Also, it helps if you know that you don't have to rush. These months good tenants are scarce. You may be able to find a really good place (and make one LL happy). All the best. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 14, 2011 Report Share Posted November 14, 2011 We don't know if your LL has suffered abuse from T's causing him to refuse conversation. My personal view is that good T's are a valuable asset and should be looked after, lose 'em and you don't know what's next. If your letter regarding the washing machine has upset your LL and caused a vindictive attitude then he isn't very professional, and if this is the writing on the wall your better with another LL. But we don't know if there is more to understand and if the LL feels there is just reason. Mr LL is running 'his' business with very onerous legislative controls. As Irina has said you have rights, many LL's will feel too many. The result is that any L that doesn't follow procedure is very foolish. If your LL understands his responsibilities in law you will be moving but not as soon as he would like when you have researched these responsibilities. I envisage you to be the type that will feel stress from the situation though and you can only defer. Link to comment Share on other sites More sharing options...
Richlist Posted November 14, 2011 Report Share Posted November 14, 2011 I have to agree with all of the previous poster's excellent advice. I'd just add a few comments of my own :- It always amazes me that when prospective tenants view a property they are only concerned with that property......although in your case you somehow failed to notice the absence of X4 sets of curtains. In my experience they seem never to ask for references from the landlord or ask the types of questions that would help to identify rogue landlords. In 10 years not a single tenant has asked me to supply references or asked questions concerning rent increases......perhaps they should. Link to comment Share on other sites More sharing options...
r0bert Posted November 14, 2011 Author Report Share Posted November 14, 2011 Hi guys, thanks very much for your kind advice. I sincerely appreciate your experience and willingness to shed light on the situation for me. Just to clarify - I am definitely not behind with rent or any bills. It is comforting to know there is no immediate rush as it would be quite difficult to move head over heels. I will certainly try asking the landlord if there is any reason to his proposal and I will agree to some more increase in rent, if it is reasonable but otherwise I would much rather leave in peace rather than make an issue of the situation. After all I am nobody to tell anyone how to run their business; that is their choice. I think your advice to take a written reference letter is a very useful one. I was just thinking that I do not want to deal with anything even near to eviction (I have looked up S21 now) as it might make it more difficult for me to rent elsewhere. I am confident that I have good references from before, but in this situation I just don't know how it would work out. With best regards, Robert Link to comment Share on other sites More sharing options...
r0bert Posted November 17, 2011 Author Report Share Posted November 17, 2011 Is it actually common practice to ask for references for landlords? I think that is an excellent idea, but does it actually happen and how would that work in practice? Has anyone ever asked for references about you? I would very much appreciate if you could share your experience about types of questions to identify rogue landlords. With regard to what Richlist said - I saw 4 curtains missing, but I factored this in as this was a small and inexpensive thing that I could easily do myself; landlord allowed and also said they'd be happy for me to live there long term. Smoking in the flat was the thing I very stupidly missed; never again I will look at incense burners in the same way . Link to comment Share on other sites More sharing options...
Richlist Posted November 17, 2011 Report Share Posted November 17, 2011 Is it actually common practice to ask for references for landlords? I think that is an excellent idea, but does it actually happen No its not common practice and no it doesn't generally happen and that was THE point I was making. and how would that work in practice? Has anyone ever asked for references about you? I would very much appreciate if you could share your experience about types of questions to identify rogue landlords. No, in 10 years I've been asked just a few non relevant questions. As I see it.......The prospective tenant might first like to view the property and then both landlord & tenant might want to agree that the tenancy could proceed. The landlord would go down the usual refs/ rent guarantee/ guarantor route. The prospective tenant might want to ask a few questions like: How many properties they have. How long have they been a landlord. Do they belong to any landlord organisation. How long their tenants have been resident. (The tenant could contact 1 or 2 longer term tenants to establish their satisfation) How often they have rent increases and is there a clause in the contract. Do they have an agent that manages the property or do they deal with repairs etc personally. Can the tenant have an advanced copy of contract wording and inventory. Can the tenant have a list of specific restrictions relating to the property. How would the landlord deal with a request to end a fixed term contract early. Does the landlord include a break clause. Etc etc Link to comment Share on other sites More sharing options...
Mortitia Posted November 17, 2011 Report Share Posted November 17, 2011 Robert, The increase of £100 is quite high especially on a rent of £1000 pcm. Check your tenancy agreement as they often state that the rent may not be increased by more than 3% in any one year -it will be in the fine print. Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted November 17, 2011 Report Share Posted November 17, 2011 One question which tenants don't ask is "do you have permission from your lender to to rent the property" I don't think they realize they don't have a secured tenancy otherwise and the mortgage company can get them out a lot quicker if they had to repossess the property. If they do have the correct permission they at least had the security of the fixed term of the agreement. Link to comment Share on other sites More sharing options...
National PropertyPortfolio Posted November 17, 2011 Report Share Posted November 17, 2011 Most tenancy agreements i have ever seen (which is quitea few) state that a rental increase is subject to and falls in line with RPIand as standard usually no less than 3% and no more than a 5% increase, unlessthis is amended by either tenant or landlord prior to signing the agreement. As a LL, I have never been asked to supply a reference, although I do think Grampa makes a very good point above. Link to comment Share on other sites More sharing options...
Richlist Posted November 17, 2011 Report Share Posted November 17, 2011 I have a specific clause in my contact that reads: " The rent will increase at the expiry of the fixed term, and thereafter at intervals of not less than 6 months. The amount of increase will be determined by market conditions and the Landlord will give notice of the amount at least one calender month before it takes effect." Link to comment Share on other sites More sharing options...
Grampa Posted November 17, 2011 Report Share Posted November 17, 2011 I dont have any referance to rent increases at all in my agreements. If the landlord or me wants to increase the rent the tenant gets notice in the renewal letter that the new contract will be increased by xxxx. 9 times out of 10 they accept it. If not we normally meet in the middle somewhere. This way works for me. Link to comment Share on other sites More sharing options...
r0bert Posted November 19, 2011 Author Report Share Posted November 19, 2011 Wow, guys, the replies are very very insightful for me; it is reassuring to know that from the side of Landlords things are straight. Frankly I did not know what to expect when I posted my question in this forum, this is really good quality information; thank you folks a lot! I think advance copy of contract and inventory would be most useful to look at; however it is not very likely that it would be given without the non refundable fee of intent, or would it? Maybe a resonable way to go about requesting information from the landlord would be to have a one page letter for the landlord with a an introductory paragraph and a list of questions, saying politely at the end that answers to as many questions as possible would be appreciated? How would you regard a tenant who would ask something like this - a pain in the... or a reasonable guy who is likely to be straghtforward to deal with? About agreements - in my case the RR clause is dead simple. "The Landlord reserves the right, and it is now agreed, that the Landlord may increase the rent after expiry of the fixed term to whatever amount so decided by the Landlord by giving not less than 1 (ONE) calendar month's notice in writing of such increase to the Tenant. Any increase in the rent shall take effect from the rent payment date immediately following the expiry of the notice of increase." I am not too sure whether this is completely valid as it feels it is very one sided. Of course I am not going to dispute the clause in any way; if the landlord wants me to leave, I will (if they do not accept 4 percent increase). Link to comment Share on other sites More sharing options...
Richlist Posted November 19, 2011 Report Share Posted November 19, 2011 I think advance copy of contract and inventory would be most useful to look at; however it is not very likely that it would be given without the non refundable fee of intent, or would it? Good point. My contract is about 8 pages long, + another 3 for extra clauses + 4/5 for the inventory. So, you are right, I wouldn't be very keen on handing out 15 pages to every prospective tenant who fancied a quick look around my property on a Saturday afternoon. However, all of those documents are already held by my agent and I'd have no problems with the tenant looking thru the agents copy at the agents office. My agent would be happy to run a copy of any specific pages the tenant might like to take away for closer examination/ discussion with third parties etc. So, it could definitely work. Maybe a resonable way to go about requesting information from the landlord would be to have a one page letter for the landlord with a an introductory paragraph and a list of questions, saying politely at the end that answers to as many questions as possible would be appreciated? How would you regard a tenant who would ask something like this - a pain in the... or a reasonable guy who is likely to be straghtforward to deal with? Personally I'd have no problem with that. Those landlords with nothing to hide won't begrudge spending what might be just 10 minutes answering a few questions. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 19, 2011 Report Share Posted November 19, 2011 Many viewers have questions and I welcome them. When asking questions it gives me insight into them, their ways, style, and their expectations. It may well be that their questions will deter me from accepting, but I will always be appreciative of a viewer considering the quality and security of their future habitat over which I will have a great influence. Those that have no questions, often due to lack of brain cells are likely unsuitable. If they are incapable of considering their needs they will be incapable of understanding mine. Although never asked for sight of the contract at viewing I have felt the advantage of producing one for perusal, I agree not to waste paper on many just some. At a viewing there is usually far too much information given to the viewer for them to absorb comprehensively. Due to experience I aim to head off the "I didn't know that" or "you never said". Then is it fair to produce many pages of small print on sign up day and expect them to read and divulge ? Any queries requiring contract amendment couldn't be accommodated, and as a contract is a two agreement it's only right for time to be allowed so the agreement is fair as it was reasonably considered. For example the common no animals clause would mean all the effort was wasted if the viewer only realised their doggy wasn't allowed at sign up. The inventory is signed by both parties for it to be usable. Advanced sight is too much. At viewing there should be good understanding of what is seen and will be included, signing acceptance is only confirmation. I don't see a reliable way to trust references. Anyone could write a glowing reference how would the viewer know if they were T or friend. These days of the many scams I can see intelligence of seeing some evidence that the LL is in a position to offer the property for rent, I've never had an Agent request this though. How to go about this though as I consider my BTL mortgages to be no business of viewers, LR could show ownership but not the right to rent. What we sign up for is a fixed period, more often with an expectation of longer. Whatever the situation with LL the T will be there for that long at least if they wish. Maybe it's correct to rent what you see and any other is a bonus. Link to comment Share on other sites More sharing options...
r0bert Posted November 24, 2011 Author Report Share Posted November 24, 2011 Thanks very much guys, I feel I have benefited from your kind advice. I am now looking around and I can see that there are comparable and better properties for which it would also be fitting to pay more. Overall I think the central theme of this mini-saga is communication problem, alas not due to lack of effort from my part; and it would be best for me to live elsewhere. When all resolves, I will post an update. Thanks again and best wishes. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 24, 2011 Report Share Posted November 24, 2011 Good luck with the search. I hope the effort of the move will be worthwhile. Link to comment Share on other sites More sharing options...
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