Landlord late with tenancy but wants us to backpay

Central · 23-09-2016, 16:52

Hi,

Sorry to post about my landlord again but I need some more advice.

We have lived in the property since 27th July 2013 and have been on a 6 month tenancy up until now. So we renew in Jan and July of each year.

The landlord is constantly late in bringing us a new tenancy so it goes to a rolling tenancy (I have posted about this before). Today my landlord rang and mentioned the new tenancy. I said it should of been sorted in July and his excuse was "I have been out he country" I might add this is the excuse he uses every time we need to get hold of him and we cant.

Anyway I knew he wanted to increase the rent so I asked if he had any idea what it was going up to. He then said well because of the 2 months that have passed I will have to decide how much is owed and then go forward from there.

Now I have three questions.

1. Are we under any obligation to pay back any increase in rent because we didn't have a new tenancy? We just carried on paying what we had been paying for the last 36 months?

2. When he is late with the tenancy he likes to put the original date down instead of the date signed which was late. This time however I think if he does that and we sign it we will be liable for back payment as we have signed it. Should we refuse to sign it unless the date is the same we signed it?

3. He is coming around on Tuesday to "talk" about the tenancy but our rent comes out on the same day. The rent comes out as a standing order quite early Tuesday morning but he is coming around after 5pm. So if we signed a new tenancy with an increase on the Tuesday say at 6pm. Would we be liable for the for the increase since the money has already left? We will pay it if we are liable but not if we don't have to.

Sorry for the long post and any further info needed please do ask.

Many thanks

Taf · 23-09-2016, 17:18

It's not an uncommon situation to find yourself in. I know 3 families that didn't get notification for an extension to their tenancies. The (same) landlord hadn't even tried to contact them.

Then up popped backdated contract renewals with hefty rent increases. The letting agency had been contacted, but even they said that no new contracts had been made, so they should sit tight and pay the standard rent.

Kabaal · 23-09-2016, 17:48

No he can't force you to pay it back-dated, it's up to him to renew your tenancy at the new rate and then charge from that point onward, not just say oh i meant to a few months ago.

Central · 28-09-2016, 19:17

Just an update on this.

In Saturday my Landlord asked when I was free. As I am currently working evenings and I need to be with my partner to sign the tenancy as its a joint one plus we both want to discuss with him our options I said I could do Sunday and Wednesday as these are my days off.

He couldn't make Sunday so we both agreed after 5pm on Wednesday as my partner would be back from work then.

So come Wednesday we have an early tea so we can concentrate on talking to him and at 18:32 he said I can't make tonight I am out the city (again)

I have now had to arrange it for Monday again for after 5pm.

We shall see if he turns up.

Central · 03-10-2016, 19:20

Right. Update time.

Landlord finally came around tonight.

He bought a tenancy around and started to say houses around the area are worth £675-£700 to which I said yes because they are worth it. I said me and my partner are happy at £650. He then produced a tenancy to say £650 but dated 27th July 2016 which I thought it would be.

But more on that in a bit. I went on to the back payment and made sure he knew we was not paying anything he thinks we owed as it was not our fault and only his fault for bringing it around late. He then said (This is his way of saying you are right but I will make out I done you a favour) I have spoke to my family and we will forget about the money owed. I just left it at that.

I then asked him to amend the dates on the contract to the next payment date and made him sign them. He was reluctant to do this but did so in the end.

So to summarize we are not back paying, rent increase of £50 a month and for another 12 months.

Just like to thank everyone for your help and hopefully this is the end of it as we are looking to move next year.

**Paul** · 03-10-2016, 22:29

I would have asked him to justify an 8.3% rise.

What he thinks other houses are worth is irrelevant, he agreed your price last year.

RichardCoulter · 07-10-2016, 17:07

These days landlords can usually charge what they want. The Government believe that rent controls aren't neccessary as "the market will decide" what level is appropriate.

They don't feel the same way though when they are contributing towards the rent via Housing Benefit and caps are placed upon any help given.

It's not uncommon for tenants to be evicted at the end of the contract if they can't/won't pay the increase. The current housing shortage means that they can usually get another tenant who can/will pay the inflated rent being asked.

pip08456 · 07-10-2016, 17:12

Quote:

Originally Posted by RichardCoulter

These days landlords can usually charge what they want. The Government believe that rent controls aren't neccessary as "the market will decide" what level is appropriate.

They don't feel the same way though when they are contributing towards the rent via Housing Benefit and caps are placed upon any help given.

It's not uncommon for tenants to be evicted at the end of the contract if they can't/won't pay the increase. The current housing shortage means that they can usually get another tenant who can/will pay the inflated rent being asked.

For once I actually agree with you Richard.