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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wonder if you can assist. I have currently rented a

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Hello, I wonder if you can assist. I have currently rented a property for the past 3 years. Late last year, the company I rented from went into administration and was taken over early this year.
I have always paid my rent on time but had a few issues with the previous landlords over the furniture as the property is fully furnished. There were issues around wear and tear which were brought up with the previous landlord for over 18 months, but nothing was ever done. My contract specified that my landlord was responsible for the furniture. In the end, I bought some of it myself but kept the original furniture too. It has also been raised with my new landlord and still nothing has been done.
A few weeks ago, I received an email asking me to renew my contract, despite the existing contract not running out until July. It was on the same terms and rent as the previous contract and given the financial budget right now, I didn't want to argue over it. I signed the contract only for it to be declined by the landlord because he now wants more money.
As you can imagine, I'm quite angry at the situation as I signed what had been agreed and feel that I was played to see who wanted to stay before hitting straight back with a rent increase. I wouldn't have a problem with the increase either, except I've been sat with furniture that is falling apart and neither the old landlord or the new has done anything about it.
I was tempted to email back and refuse the increase until all issues have been resolved, but before I did anything, I just wanted some advice.
Kind regards
Ian B
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello Ian my name is ***** ***** I will help you.

What is it you want to achieve please?
Alex

Customer: replied 9 months ago.
Hi Alex,I would like to know what my rights are around this issue. The way I see it, both my old landlord and current landlord are in breach of contract but in respect of the new landlord, they are asking for more money despite not holding up their end of the contract.As I said in my previous message, I wouldn't have an issue with an increase in rent, if I wasn't sat for 18 months waiting on repairs. So what I would like to achieve is getting the repairs done before entering any agreement on increased rent. Also, I thought notice had to be given on any increase too rather than altering an agreement once it had been accepted. I'm a single father to 3 young girls, so what I would also like to achieve is not putting them and myself out on the street but in the same respect, understanding my rights around this situation so as not to be screwed over either.Kind RegardsIan B
Expert:  Ash replied 9 months ago.

Thanks Ian. Had the Landlord signed the contract and just waiting for your signature for the new agreement?

Customer: replied 9 months ago.
Hi Alex,Many thanks for coming back to me. In answer to your question, I don't actually know as it was sent through online via DocuSign. I was sent the agreement to sign digitally, which I did and then received notification that it was then voided and then sent another straight after with a demand for an increase in rent.As to what was agreed in the emails, it was the same terms and rent as previous and that is what I signed on the Document too. I can't recall if it had already been signed but it is possible as it was voided after my signature, which after that I couldn't go back in to it to check.Hope that helpsKind RegardsIan B
Expert:  Ash replied 9 months ago.

What type of tenancy agreement do you have please?

Customer: replied 9 months ago.
With the previous landlord it was a 6 month fixed agreement, which would be resigned every 6 months. With the new landlord, they wanted me to sign for a 12 month fixed term agreement.Given, the situation over signing this agreement, I'm unsure where I stand now as my old contract would have expired as of yesterday. Either way, I'm still paying my rent in the usual manner and have been since the new landlord took over in March.
Expert:  Ash replied 9 months ago.

Have you been paying the new Landlord rent? Have they given you notice to quit or right of appeal the rent increase?

Customer: replied 9 months ago.
I've been paying rent to the new landlord since they took over in March, on the same schedule as the previous one. I just changed over the bank details of where the rent was being paid to.I've received no notice to quit, neither did I receive any right of appeal for the rent increase. All I got was an automated message to say the contract I had signed had been voided because the landlord had decided on more rent and another sent through this morning. I received no other notification, either by post, by email or by phone.
Expert:  Ash replied 9 months ago.

Ok - if you had an AST they cant just put up the rent. They either need to ask you to leave or give you to appeal.

If they did neither then any increase is not valid.

They MUST give you a right to appeal. This is a Section 13 rent increase.

So its not valid.

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
As I mentioned before, I wouldn't have an issue with the increase, except in my agreements, the landlord is responsible for the furniture in the property and I've had no communication from them around replacing any of this.I've had regular inspections (every 3 months) and highlighted the issues. Where I've been told, someone will resolve it but 18 months on, nobody has.Where do I stand on this in terms of the increase? Am I within my rights to agree to the increase in return for the replacements to be carried out? I would be entirely agreeable to the increase but feel that what is laid out in the agreement under the responsibility of the landlord has been disregarded.
Expert:  Ash replied 9 months ago.

They cant enforce the increase and yes you can say you will agree subject to replacements.

That is your key point. It cant be enforced without proper procedure.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
that's great.Many thanks for your time today. It is greatly appreciated.Have a great weekendIan B

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