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Hello my name is ***** ***** I will help you with this.
What type of tenancy agreement do you have please?
Not sure what type is. we have a rent contract with the landlord directly, I can find the contract if needed (will take 10 minutes)
Ok - how long have you been there for?
Does it get renewed every 6/12 months?
I have the contract, can I attach it?
no, every 12 months I think
he asked us about renewal and we said yes if we will have our issuies solved
Ok - so you renew it every 12 months?
and he called (the talk was on email) and didn't said a thing at the phone
is our first year
will be over on 25th february
Ok and he proposes an increase?
When do you pay rent?
And when did he inform you about increase?
a month ago by phone
and I moved the conversation on email to have it written
Nothing in writing?
Have you been served a Section 21 notice or notice to quit?
we have the emails
not sure what is this but we kind of agreed to continue
but without solving the issues would be stupid from us
to stay there
But he has never served a notice asking you to leave or end the tenancy?
Ok - give me a second
Right, the Landlord must serve at least 2 months notice if he proposes to increase the rent
He has not done this so you dont have to pay
He needs to serve a formal notice that allows you to challenge the increase
So in short he cant increase it without your consent.
He can only do it without consent if he has served a notice to quit (Section 21 notice)
Then he can say either you pay the increase and sign a new contract or have to leave.
This has not happened here. So after February you are on a rolling monthly contract
He can't say the old one ends UNLESS he has served 2 months notice or a Section 21 notice.
Therefore the old rent applies.
If he wants to increase it and you are on the rolling tenancy you can have it reviewed by a Tribunal
For more information on that see:
1) He needs to give 2 months notice to end the tenancy, but you pay the old rent in the meantime
2) You continue to stay on a monthly rolling contract in which case you can appeal the increase
is that we stay in a flat affected by a flood and he is doing nothing to solve this
there are 3 months now
Yes. What you can do is sue for a reduction in rent and losses.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
so you advice to set the losses and ask for them
like having a partial rent back
let's say for half of the flat
that is affected
Ok and only for the period in question
this way we are sure we have to leave ...
this is good info
Yes I imagine so
we have something to negociate with
Can I clarify anything else for you?
Yes you do
I am wondering if we should leave without negociating
i know for sure he will try to get our deposit
as he is amazingly cheap
as he even refused to repair the bathroom lights
yes, now I have a better idea and is kind of obvious I need to move ...
It does not stop you making a claim whether or not you leave
if is something else you would advice please
for this claim... should I just do it and send it by post and email?
if I want to settle?
whom I should talk
no mediation needed?
The Court can appoint mediation
I am ok for now
should I mention the bathroom lights in the claiming or not?
we had to use external power source to use the bathroom
thank you Alex
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