UK Property Law
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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.
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?
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.
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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.
"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)?
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.
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