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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.
many thanks. Would you also be able to help me with my other two enquiries which for your ease of reference were:
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.
I hope the above is of some assistance but if you have any further questions, please revert to me.
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.
Thank you again for visiting JustAnswer and see you again in the future I hope.