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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My housekeeper lives in very modest rental accommodation in

Customer Question

My housekeeper lives in very modest rental accommodation in Acton. She paid a deposit some years ago (5 or so) of £1384 and pays £1000 per month in rent.
2 days ago the landlord (who has been largely absent and unable to effect repairs) asked for a deposit increase to £2100 and new rent of £1300 back dated to start of November.
I am her employer and qualified lawyer (Freshfields 90-94) and I'd like to help her sort this out.
What rights does she have and how do I fight this absurd demand?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What type of tenancy agreement does she have please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I don't know but checking with her now.
Expert:  Ash replied 2 years ago.
Ok........ Let me know if you could. I suspect its an Assured Shorthold Tenancy.
Customer: replied 2 years ago.
I've already been charged £47 for this "free" service. Not sure I understand charging structure ?
Expert:  Ash replied 2 years ago.
I think you accepted an additional offer of a telephone call, which is chargeable.
But lets sort out your problem with the Landlord first.
Customer: replied 2 years ago.
Let's assume it's Assured Shorthold for now
Customer: replied 2 years ago.
It is just confirmed
Expert:  Ash replied 2 years ago.
Ok. Do you know the date (roughly) when it was signed, how long it was for and whether it was renewed?
Customer: replied 2 years ago.
Since 2010. Annual. Renewed each year.
Expert:  Ash replied 2 years ago.
Do you know when it was last renewed? Ie which month?
Customer: replied 2 years ago.
I'm checking when last renewed but originally signed on Dec 9 2011.
Expert:  Ash replied 2 years ago.
Ok. Let me know and also a number so I can call you re the answer.
Alex
Customer: replied 2 years ago.
07900 490804. But as I said I have paid £47. So assume it's another £40?
Expert:  Ash replied 2 years ago.
No. Its one fee.
Still need the renew date please!
Customer: replied 2 years ago.
Sequence as follows - 2013 the landlord sent through new bank transfer info. 2014 he said he would come and meet but never did. 2015 November 26th finally turns up and asked for new deposit and new rent out of the blue. And tries to back date the rent for November
Expert:  Ash replied 2 years ago.
Ok, so the last agreement was signed when?
Customer: replied 2 years ago.
Dec 2011
Expert:  Ash replied 2 years ago.
Ok. I will call you shortly.
Alex
Customer: replied 2 years ago.
Alex can we continue our discussion please. They have sent a section 21 notice dated 8 December 2012.
Expert:  Ash replied 2 years ago.
Thats not valid because its been so long. Its only valid for a limited time.
And it wont be valid if the deposit hasnt been protected.
Alex
Customer: replied 2 years ago.
Alex - the landlord has dropped the deposit interest and the threat of eviction but wants to increase rent from £1000 to £1300 per month with immediate effect. Can he do that without any notice period? Thanks for your continued help with this. Jolyon
Expert:  Ash replied 2 years ago.
No. He needs to serve a proper notice as discussed on the phone with a right to appeal.
Alex
Customer: replied 2 years ago.
What is the minimum notice period?
Expert:  Ash replied 2 years ago.
That period is:
− one month for a tenancy which is monthly or for a lesser period, for instance weekly or fortnightly;
− six months for a yearly tenancy;
− in all other cases, a period equal to the length of the period of the tenancy - for example, three months in the case of a quarterly tenancy.
See: https://www.tenancyagreementservice.co.uk/rent-increases
If the fixed term of a tenancy has ended and no new agreement has been signed, then the tenancy automatically becomes a periodic tenancy.
If the tenancy agreement does not provide information on a rent increase, then the landlord can only increase the rent if either : the tenant and landlord agree, or a section 13 notice is issued. There is no limit on the rent increase a landlord can propose with periodic tenancies.