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minkeygirl

Section 13 Vs Tenancy Agreement

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I moved into my current property in Jan 2009 on an AST, which became a periodic tenancy after the initial 6 months.

The managing agent of the property has just delivered a section 13 notice for a £25 increase in rent to start at end Feb. However, my tenancy agreement says that (paraphrasing):

1. The landlord should negotiate any increases with the tenant

2. The tenant should be given 8 weeks notice of any increase

3. Any increases should be implemented 12 months after the date of the initial tenancy, and at 12 month points after this, again on the date of initial tenancy - 29 Jan 2009

Do I have to accept the section 13 or go to RAC, or has the notice been given incorrectly? The gov.uk page explains it should be used when there is not a rent clause in the tenancy - but there is (a very woolly one, admittedly).

Now, the increase isn't excessive, but there has been a significant reduction in service this year. The landlord (a housing association - though I'm a 'market rent' tenant) stopped directly managing the property 12 months ago, and now pays a letting agency to do so (hence the rent increase methinks!). Recent issues include:

- 9 months to repair heater in bedroom

- 10 weeks to repair broken oven/hob

- fire door not up to standard- but no replacement offered

- my mobile number shared with numerous contractors (accidentally added to all the letting agent's properties)

In addition we have spent £2000 on internal decorations this year (allowed by tenancy agreement) including £1500 recarpeting to bring the property up to acceptable condition.

Should I just put up with the increase, or do you think I have any chance of negotiating?

Thanks

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In addition we have spent £2000 on internal decorations this year (allowed by tenancy agreement) including £1500 recarpeting to bring the property up to acceptable condition.

Should I just put up with the increase, or do you think I have any chance of negotiating?

I assume you have got rid of the old carpet and do not plan on taking it with you so that was basically a £1500 gift to your landlord. I can understand why and have redecorated rooms in a rental before but could not bring myself to ever replace expensive carpets/fittings, knowing that I can be kicked out with 2 months notice.

After refurb'ing the rental at your own expense, I don't think you aren't really in any position to negotiate over the fine print.

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It's always worth negotiating, although I wouldn't start that from a point of "you've infringed my rights," unless you're looking for a fight (not that I'd blame you if that's your intent). At the very least you can approach them with your contract and say you'd value them sticking to it because you have a budget to run etc. etc. 8 weeks notice hardly seems unreasonable and the section 13 is probably just a scare tactic as it would cost a couple of months rent and hassle to actually enforce it. Better to mention that you're a good tenant who always pays their rent than they are a crappy landlord. You don't have much to work with to get more than a delay though, but if you plan to stay you could maybe try and negotiate a long term fixed-rent contract. That might prevent future increases.

I've never had a not-crap landlord so I'm pretty certain telling them they're crap won't do much good as that sort of semi-aware collective delusion is impenetrable. I spent 3 grand a month on a flat which had no lights in the bathroom for a year once ... I can't even think of anything else I could spend 3 grand on where I would get such crappy service ... let alone 3 grand a month. Normally trading standards would be involved at that level I'm sure.

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