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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a problem with Landlord. I have lived in an apartment

Customer Question

I have a problem with Landlord.
I have lived in an apartment for 9 years and without 3 months' notice, he increased the rent before re-signing the contract and put me in front of the wall regarding the signing of the contract. A month ago I signed the contract and now I canceled the 30 day resignation period and Landlord is blackmailing me that he will keep my entire deposit and pension for the current month. I demand justice that I am at the age of 62, my apartment is already bad for me and he insists on the financial consequences.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Yes.....
JA: Has anything been filed or reported?
Customer: Croydon CR2 6PY 17B Selsdon Road
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This apartment is dangerous to live in and it makes it difficult for me to leave without financial consequences. Checks are made every 6 months but for publication. in 2018, the ceiling collapsed at dinner, the floor creaked more and more because the neighbor below us demolished the load-bearing wall and inserted the wrong bimos. Much to enumerate and etc.
Submitted: 14 days ago.
Category: Property Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. May I clarify, you agreed reluctantly to sign a new tenancy agreement with a higher rent. Is that correct please?
  2. you say he "put you against a wall". do you mean to say that he used actual violence to force you to sign the agreement?
  3. What is the fixed initial term of the new agreement?
Customer: replied 14 days ago.
12 months
Customer: replied 14 days ago.
Thanks, ***** ***** surprised me with the advice and help.
Expert:  Joshua replied 14 days ago.

many thanks. Would you also be able to help me with my other two enquiries which for your ease of reference were:

  1. May I clarify, you agreed reluctantly to sign a new tenancy agreement with a higher rent. Is that correct please?
  2. you say he "put you against a wall". do you mean to say that he used actual violence to force you to sign the agreement?
Expert:  Joshua replied 13 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms the landlord only has certain options in terms of increasing the rent. He can increase the rent under the terms of any rent review clause providing it is certain in its terms. Clauses giving the landlord discretion as regards ***** ***** the rent at will generally be unenforceable as unfair contract terms. Alternatively, the landlord can serve a statutory form 4 upon the tenant proposing a new rent. The tenant then has 30 days to challenge any proposed rent at the property tribunal which in turn has the power to set the rent for the next 12 months. If no challenge is made, then the proposed rent by the landlord becomes the new rent payable.

Finally, the landlord can otherwise enter into a new tenancy agreement with the tenant. You make reference to that being the case here they also suggest that you were encouraged to sign such a tenancy agreement under duress. A contract entered into under duress will generally not be enforceable though duress requires a relatively high standard of proof.

Expert:  Joshua replied 11 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 10 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 9 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.