Landlord late with tenancy but wants us to backpay

[Markb03]

Hi,

 

Sorry to post about my landlord again but I need some more advice. I have posted this on the facebook group to but wanted as much input as possible

 

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

[Steve__M]

Anyway I knew he wanted to increase the rent so I asked if he had any idea what it was going up to.

 

Some landlords are terrified of raising the rent, so asking him what it will go up to might have been a tactical error as it will give him confidence to do it!

 

You can't be forced to sign any contract, and this would mean the current rent continues to stand.

 

If the landlord is determined to increase the rent and you refuse to sign the contract, he can alternatively request a rent rise by issuing a Section 13 notice. This gives you a rental month to raise objections. Details of how to do so will be on the notice.

 

Alternatively, if you refuse to sign the contract he can issue a Section 21 notice which gives you 2 rental months' notice to leave.

 

It would be cheeky of him to ask for back rent because of his own incompetence or nervousness about requesting a rise.

 

You might wish to take the opportunity to discuss with him whether a rent rise is justified given that inflation is low and has been negative, and that interest rates have fallen.

 

Alternatively, you could set conditions. e.g. that you will pay more rent once X, Y and Z have been sorted by him.

 

In part your case depends on whether your property is cheaper or more expensive than others, whether you think it is likely the landlord would seek to evict you, whether you'd be prepared to move, and so forth. i.e. it's a negotiation with risks for both parties.

 

For questions 2 and 3, yes I think you would make yourself liable to paying back rent even if his issuing of the back-dated contract is questionable. If as you say you would not pay it if you don't have to then alternatively, don't sign a contract with a date in the past. Ask for the contract to apply from the next monthly period - this is what would be required by a Section 13 notice.

 

Good luck!

[ericsbrother]

in short, you have a tenancy and any new one cant be backdated so no backdating of increase in rent either.

[ericsbrother]

new agreement should start when the current period expires so if you are paying a month in advance then the new one will be starting end Oct/beginning Nov

[Markb03]

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.

[Steve__M]

I need to be with my partner to sign the tenancy

 

While it is probably a good idea for you and your landlord to meet face to face before he gives you the agreement, you are perfectly within your rights to request time alone to read and understand the agreement before you sign it. Don't be steamrollered into agreeing a rent rise without a chance to talk it over with your partner alone.

 

He can leave you two copies signed by him. If you accept his terms, you can then post his copy to him after you have signed it.

[ericsbrother]

You dont have to do anything, it is all for him to do. You are basically on a rolling contract until the new agreement is signed. It will be in his interests to persuade you to sign it rather than start an action to remove you as that will cost him money to progress, , lost income and costs in finding a new tenant (who may well not be as trustworthy as you) so if he gets a bit restless remind him of this.

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.

[Markb03]

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.