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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am renting a house and have had a few issues with things

Resolved Question:

I am renting a house and have had a few issues with things needing fixing in the last 12-18 months, I have just signed a new contract for 12 months with agreed rent, however now I am being told by the rental agency the owner wants to increase the rent

I have told them surely this cannot be done as I have already signed the new agreement, however I am being told the owner has not signed therefore the agreement is not worth the paper it is written on

Is this correct or is the owner now obliged to keep rent at the amount I have signed for on the agreement?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Unless the owner has signed the contract or has accepted rent payments since you signed at the lower rent value then the new contract will not yet be binding on him and therefore the previous tenancy continues until a new one is properly executed or you vacate the property.

 

If you do not consent to the new rent being charges then they must still serve you with the required two months notice under s21 Housing Act 1988 until they are able to apply for Court for an order for possession.

 

Sorry it could not be better news. If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Customer: replied 4 years ago.

Hi Tom,

 

we have signed the new agreement and they have accepted a payment at the current amount, not the increased amount, however the agreement is for 1 Sept 2011-12, therefore does the payment made not constitute being accepted as it was made in July and not September when the new agreement is to begin?

 

Thanks

 

Matt

Expert:  Thomas replied 4 years ago.

Hi Matt,

 

It would have to be a payment relating to a period for which the increased rent (in the landlord's opinion) should have been paid (and possibly two payments without complaint from landlord) this would not constitute acceptance I'm afraid.

 

Sorry it could not be better news. In the future I would ask suggest only signing where you can witness completion (ie. signing by landlord and dating immediately afterwards.

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
Ok, thanks Tom
Expert:  Thomas replied 4 years ago.

You're welcome. Try to negotiate, if you have not been served with a s21 Notice (two months) to end the tenancy at the expiry of your current fixed term then you can make them aware that the cannot obtain an order from possession from Court to get you out until service and the notice period has expired - see if that gets you anywhere.

 

Good luck.


Tom

Customer: replied 4 years ago.

"then you can make them aware that the cannot obtain an order from possession from Court to get you out until service and the notice period has expired"

 

Does this mean, if the 1st Sept lapses they cannot apply to repossess the property until the new agreement ends or as in, they cannot apply untill 2 months from ending of current agreement (31st Oct)?

 

Cheers

 

Matt

Expert:  Thomas replied 4 years ago.

Matt,

 

If your current agreement expires and you have not received a s21 notice giving you two months notice then they can only apply to repossess when the notice has been served and expired so, yes, end of October if they serve you at the beginning of september.


Cheers.


Tom

Customer: replied 4 years ago.
Got it, thanks again Tom
Expert:  Thomas replied 4 years ago.
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