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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7467
Experience:  Solicitor
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Assistant: Where are you located? It matters because laws

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Hi Pearl.
Assistant: Where are you located? It matters because laws vary by location.
Customer: This is complicated. I rented an old farmhouse ostensibly till it was sold in staffordshire.ST14 5EL. in 2004.In 2008 poss 2007 have to check the council banding was raised from £73/month to £186. I paid rent and CT together to landlord. This has left me through a dreadful work period in debt. He has given farm work to help but this has prevented me getting a worthwhile job. I have been old by a friend that he had no right to take an increased CT from me as the property was not sold after the revaluation- arranged by the landlord in fact.
Assistant: Has anything been filed or reported?
Customer: I was shown the legitimate paperwork for the revaluation. That is all.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: My rent arrears are now less than the extra payment in CT

Hello my name is ***** ***** I will help you with this.

Did you ever appeal the banding change?

Customer: replied 11 months ago.
No because it was presented to me as a fait accompli. The neighbouring properties were re banded as F and the one I was 'looking after' (no tenancy agreement)is now G. It does however have only 2 habitable bedrooms, no TV signal and a flooded cellar. There have been other dilapidations recently but as I owed 'rent' I just got on with it
Customer: replied 11 months ago.
Sorry money too short to pay out more ..!
Customer: replied 11 months ago.
Think we better stop this now. Money back please I have little enough to pay my electric and you only seem to want to bleed me like everyone else

Sorry I was just in Court.

So in short, you are saying the banding is wrong, is that right?

Customer: replied 11 months ago.
Sorry to sound impatient just thoroughly fed up!! I am sure the banding is probably right -if the property was a livable 5 bed house. That is not my current query though. I have been told that if a property that is rented out is meanwhile rated in a higher band than it was when that tenant (me) moved in the landlord cannot charge that extra (£113/month in my case) until the property is sold?

Does the tenancy include Council Tax?

Customer: replied 11 months ago.

Ok - then as a mater of contract you cant be charge the difference.

Unless there is a clause in the agreement saying that you are liable for the difference if its goes up, then you are not.

If your tenancy includes Council Tax -that is it. The landlord has agreed it does.
Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Thank you. I have hope! The slight problem is that I do not have and have never had an actual written tenancy agreement as when I moved in in 2004 it was for a few weeks till it was sold. They could not sell it so I was allowed to stay. It has alway been 'for sale'. Does that affect his right to charge the extra?

No. You need the original agreement.

Does that clarify?

Customer: replied 11 months ago.
There was no written agreement. Just the verbal agreement to pay rent and CT together. Ian, whose house it is, just turned up one day with the written new valuation and an apology after his sister had done a revaluation appeal on their whole estate following their Mother's death in 2007.I had made the verbal agreement with Ian's Mother Anne.

Ok - if it was agreed then unless otherwise it can NOT be changed.

It is a contract. You and Landlord are bound by it.
Does that clarify?

Customer: replied 11 months ago.
Thank you Jamie. I can now pursue.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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