My father has a regulated tenancy, lives in a shoddy property with a slumdog overlord…
Slumdog does nothing by the book, consistently shirks his responsibilities and seems to think he is above the law.. It’s just taken my dad 29 years to get his first Gas Safety Certificate, and SD still hasn’t had the equipment serviced like the engineer recommended on the record, or had the electrics looked at, or agreed to resolve any of the repairs at the property. Because I’m rocking the boat (got the council, HSE and EH on his case), SD has had the Valuation Office in for a rent increase…
So as he’s acting the D*ck, I thought I give him something to D*ck over…
The VOA have rated the property at £50pw (£5.00 increase), due ONLY to the fact it has been 6 years since the last valuation and the rental market has risen.
New registered rent started 1st June.
However, I have carried on paying £45.00pw because SD hasn’t sent dad a ‘Notice of Increase of Rent’ letter.
On Friday SD sent me a text stating: ‘NOTE RENT INCREASED ON THE 1st Of JUNE TO £50 U R IN ARREARS PLEASE UPDATE ASAP THANKS.’
My understanding is that SD should send my dad a ‘Notice’ that he intends to increase the rent, stating how much it will become, and when it will start, and that he must provide 1 month’s notice before the first payment is due.
I understand the increase can be backdated to the date of this notice, but that it cannot go back more than 4 weeks, or earlier than the date it was registered*.
So first question, just to be sure I understand:
Is it correct that, no matter how long it takes him to supply the notice, SD will only ever be able to claw back max 4 weeks = £20.00?
Second question: Is the ‘date it was registered’*
a) the VOA date of 1st June, or
b) the date of the landlord’s ‘notice’?
I have been let to believe that official notice can only be served in writing, not by text, not even electronicly (email).
As SD has only texted me, I am taking the stance that this is not official notification (and so would not stand up in a court of law). I have written a letter to him advising that as we have received no notice, I will continue to pay £45.00 until notice is legally served.
As he is already claiming my father is in arrears, I wanted to clarify that my understanding is correct;
a) that until he puts the notice in writing to us by post or by pushing it through the letter box, my father is only legally bound to pay £45.00?
b) that if SD tries to threaten my dad with court for the purposes of trying to gain an eviction, SD won’t have a leg to stand on if he hasn’t served a ‘Notice of Increase of Rent’?
I don’t want to start something that’s going to bite my dad in the a**, and I certainly don‘t want to do anything illegal, which is why I want to get my facts straight. Of course, as soon as the increase notice is served, I will pay the £50.00pw.
But if legalities are being ignored once again by this scumbag, I don’t want to pay £50.00 without receiving the notice, as I believe this would allow him to then claim ‘precident’ (if the raised figure is paid even just once, precident is set and it overwrites the rental value from £45.00 to £50.00 because by paying (even without the correct paperwork being in place), we have accepted his ‘non formal offer’ to increase the rent.)
Thanks for your input.