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haggard
30-03-2009, 20:41 PM
This is my third thread going at the moment. I am obviously a desperate woman. Last year LL sent me a letter increasing the rent after I had been here 4 months. Once I spoke to agents they advised LL he couldn't increase the rent at that time. LL said he would sell house if I didn't pay the extra £100. I agreed but it was only a verbal agreement - nothing was signed or sent to me to confirm. I spoke to Agents at beginning of this month to see if LL would reduce rent back to original amount. LL agreed and agents confirmed (over phone) that I could pay reduced amount from end of March. I still haven't signed anything and LL has changed his mind and served 21(4)(1) (that's my other thread). Agents have now said that I have to go back to paying the higher amount backdating to payment just made (paid reduced amount yesterday). As this was a verbal agreement on both occassions, can I carry on paying the reduced amount. Especially as I am having to leave anyway?

johnboy
31-03-2009, 06:38 AM
It seems to me the agents dont know what they are doing. The only way to increase the rent is a new contract or a section 13 notice.
You could agree to the increase on condition you get a a new 12 month contract.

Another thought is a section 21 is unconditional so a L/L cant say "if you pay the rent/increase i wont enforce in the s21" Which would mean you could defend it at the hearing but it would be his word against yours. As he doesnt seem to know the law he would proberly admit to that in court and put his foot it it.

haggard
31-03-2009, 07:03 AM
LL did originally send me a letter saying I had to pay rent increase but agents told him he couldn't do that without a new contract as he could only increase the rent annually. I didn't get a new contract but I did start paying the increase (this was last year). I changed my DD to reflect the lower rent this month as the agents advised me to do so. Now LL wants me to leave and they have told me I should not have changed my DD and need to pay the extra rent. Is a letter the same as a section 13 notice?

johnboy
31-03-2009, 07:46 AM
LL did originally send me a letter saying I had to pay rent increase but agents told him he couldn't do that without a new contract as he could only increase the rent annually. I didn't get a new contract but I did start paying the increase (this was last year). I changed my DD to reflect the lower rent this month as the agents advised me to do so. Now LL wants me to leave and they have told me I should not have changed my DD and need to pay the extra rent. Is a letter the same as a section 13 notice?

NO

haggard
31-03-2009, 07:52 AM
Thank you. I will continue paying the reduced amount.

justaboutsane
31-03-2009, 08:22 AM
I think you are on shaky ground as you have been paying the higher rent. If you had refused then you would be fine, but as you have been paying it you have agreed to it.

haggard
31-03-2009, 08:36 AM
Over the 2 months the reduction will amount to £200. If I continued to pay the reduced amount and they took me to court would the fact that on both occassions it was a verbal agreement not go in my favour. It isn't the case but I might have agreed with LL that I would pay the higher rent for a certain period only. Would the agents not have to prove that this was not the case?

Poppy
31-03-2009, 09:07 AM
Did you agree with your landlord to pay a higher rent?

The landlord's agent has put their nose in a perfectly good arrangement between the landlord and tenant. I'm guessing that the agent was trying to extract fees for a new (probably unnecessary) tenancy agreement with a different rent amount. If I were the landlord, I would sack the agent and if you do not recommence paying the higher rent, I would move to evict you as soon as legally possible and sue you for all monies owed.

haggard
31-03-2009, 09:23 AM
Thanks Poppy but LL has already served notice. I didn't pay the reduced amount intentionally, the agents told me to start paying the agreed, reduced amount from this month. Notice was only given yesterday and the rent was paid yesterday. Agents did not call to advise would need to continue paying higher amount. LL had agreed this reduction but (the same as the increase last year) nothing has been put in writing or signed. I have only followed the advice given on LLs instructions.