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Hi Alex ! Thanks for taking up this case. My sister had a 'shorthold' with no written, nor verbal indication / provision for a rent increase. She believes that bit
And Assured Shorthold Tenancy?
Yes it an assured shorthold tenancy. We believe that it is the Estate Agent who is making the demand now. My sister was told that her car would be clamped or any other that is seen on her drive if she does not pay this money by 11.00 am tomorrow .can this be a legal step?
No - clamping is illegal
It can only be done by Councils - no one else.
There is a set down procedure for increasing rents for an AST
The Landlord must serve a Section 10 notice
If the tenant disagrees they can take it to a Rent Valuation Tribunal
The Landlord just can't say this is the increase and that is it
However to answer your substantive question
If the rent is increased and Housing Benefit only pays a portion then in law, the tenant is liable for the balance.
However if there are arrears the tenant can ONLY be evicted with a Court order, nothing else
The Landlord can't clamp the car, can't come into the house and can't evict
My sister works at a school nursery, and would be out of the house in the morning. How should she go about / deal with this threatening situation before any illegal action takes place?
She should contact the Council to alert them.
But she should write to the Landlord, dispute any increase and say she wants it to go to a Tribunal.
However you should know there is always a risk the Landlord can give notice to end the tenancy
If she is outside her fixed period the Landlord can give 2 months to take possession back.
Can I clarify anything for you about this?
Remember that we are talking about a former landlord. He present tenancy, at her new residence from December 2013 is fine. It is the Agent who acted for her former landlord w2ho is engaged in this current threatening demand for payment of arrears. arrears
Sorry I see.
The FORMER Landlord can do NOTHING AT ALL
The landlord can ONLY seek redress through the County Court
He can't clamp
He can't attend the property, this would be harassment
All he can do is issue a claim for any arrears through Court.
If judgment is gained then and only then can be enforce it by:
Sending in bailiffs
Attachment to earnings
Freeze money bank account
Charge on any property owned
But if he is a FORMER landlord he can NOT do anything until he has a Court Judgment
Does this clarify?
She should write and ask them to stop, or say she will seek a Court order to stop them.
You can't stop the Landlord chasing arrears, if they are due, but that should be done by letter
Does that help?
yes, thanks Alex !
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