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So I rent from a country estate and they have and agent. The last agent was let go in April and his closing salvo was to put my rent up by £125, I agreed on the proviso that work that needs doing was completed, which he agreed. So no one comes and Mays invoice is at the old amount, June, July and August pass similarly, old rent amount invoice and no work done. In August we received an updated tenancy agreement saying the £125 would be payable from Sept via an interim agent, I set up a direct debit and didn't quibble. Sept rolls round and a new permanent agent starts and sends us an invoice for £500 for the months they had incorrectly invoiced. I point out the new agreement and he responds it was sent in error. So I stick my heels in and say, you invoiced we paid, how is that my mistake. There's some email tennis, and he cuts communication and he threatens eviction, I break and pay it, today an eviction notice turns up, no explanation 2 months to move 40 years worth of stuff. Screw this guy!
if he’s the agent, can’t you go over his head and speak to the estate directly?
That's the plan, but contacting the trustees without going via him is a head scratcher.
It shouldn't be an eviction notice, it'll be a notice to quit. It's also probably an invalid notice as it sounds like it's potentially retaliatory eviction under section 33 of the Deregulation Act 2015, which is also potentially a criminal offence :
http://www.legislation.gov.uk/ukpga/2015/20/section/33/enacted
I had a similar experience with agent ****s in the past...
Told me I had to pay £200 to renew I questioned what I get for this £200 as someone who has lived there and never missed a rent payment or caused any issues but didnt really have £200 at that time, said they would get back to me.
2 days later eviction notice through the door...
But joke was on them because I didnt defrost the freezer before I left and unplugged it so they had to clean up some light flooding ha!
It's a section 21
Section 21 only applies to certain types of tenancy I think? Otherwise, it is invalid - I know someone who's had useful help from Citizens Advice with similar issues:
Ll here, good and bad on both sides.
If i were you i d go and have a chat with them, if you want to stay of course. Ll is running a business, he may have prelet it again though in which. Depends what type of tenant you have been and whether your rent is competitive.
As I said, it's not an eviction notice, it's probably a notice to quit - that's what a s21 notice is. If you don't vacate, then the landlord can go to court and seek an eviction order.
Has the landlord complied with all the statutory requirements such as deposit protection, gas safety etc? Is it an agricultural workers tenancy? As woffle says, speak to CAB and they should be able to help.
There's no deposit as it originally came with a job, when they died I just took over the tenancy. No gas, and they rushed a energy certificate through last week. I just need to rock up at the head honchos house. Whether he'll see me is another matter.
Energy certificate last week? Are they selling...?
S38 of the Deregulation Act imposes a duty on landlords to provide relevant information about the property to the tenant, including a gas safety certificate and yes, an EPC:
http://www.legislation.gov.uk/ukpga/2015/20/section/38/enacted
If the landlord hasn't complied, then the s21 notice is invalid.
Grant_Richards
I just need to rock up at the head honchos house. Whether he’ll see me is another matter.
I would say this is possibly the worst thing you could do, as it could be seen as threatening behaviour by the landlord. If it's an agricultural worker's tenancy then it can be significantly more difficult for the landlord to get you out, but not if they can suggest that you have acted in a threatening manner.
As has been suggested twice now, go to CAB and they should be able to help.
It's just a short hold agreement. I get on well with the Lord of the manor. Whether he knows is another question, if he does I'm sure he doesn't have the full story.
Grant_RichardsMember
So I rent from a country estate and they have and agent
wysiwygMember
It’s just a short hold agreement. I get on well with the Lord of the manor. Whether he knows is another question, if he does I’m sure he doesn’t have the full story.
Multiple personalities?
SPD?
If you know where the owner lives.... write him a letter? Probably better than showing-up on the doorstep.
I would be writing it as "lived here for 40 years, model Tennent, really disappointed at how this has been handled by your agent.... were you aware?" Then lay out the events as you've described above
I'm both a landlord and a tenant - I've never met a letting agent that wasn't a total ****. I suspect most landlords feel the same.
Sounds like its a new agent trying to cover his mistake (forgetting to increase your rent) and has overstepped the mark. Easier for him to tell the client that you're refusing to pay the increased rate (and so he gave you notice), than admit to the client that he's doubly ****ed-up, first forgetting to charge you, then demanding that you pay the increase retrospectively, before the relevant change in lease.
At least after writing the letter explaining the above you'll know if the agent and landlord are both ****s.... or if its just the agent. My money is on just the agent.
Edit: Swear filter works..... but the edit feature seems to be broken.
Bear in mind that agents get paid every time they get a new tenant in. I'm sure landlord has received a nice tale about a troublesome tenant.
"We invoiced incorrectly" probably turns into "tenant is being difficult over paying the agreed rent, we advise issuing notice now to get an honest tenant in"