Argument with landlord, now wants me out!
Discussion
Got the yearly call from the landlord as my rents due for renewal on the 14th of October, rang to ask if I wanted to renew and if so the price was going up 15%.
After he did the same last year and put it up 20% which I paid and I didn't realise at the time that they need to give 90days notice for a rent increase. So naturally I refused, this was after a 5 minute chit chat about how the economy and everything is struggling here this year so a tad ironic.
When I said no I wouldn't pay an increase he literally went mental on the phone and said I had 30 days to get out the flat, obviously this cant be enforced so I told him this and then he comes up with the whole I will be getting the 12 months notice letter to leave.
Where do I stand with this, I think if he does give the 12 months notice in writing I literally don't have a leg to stand on?
Rather annoying as ive never bothered him in 3 years living in the place, anything that's broke ive just paid and replaced it myself and ive even re-painted the whole thing at my own expense recently, that will have to change next year!
After he did the same last year and put it up 20% which I paid and I didn't realise at the time that they need to give 90days notice for a rent increase. So naturally I refused, this was after a 5 minute chit chat about how the economy and everything is struggling here this year so a tad ironic.
When I said no I wouldn't pay an increase he literally went mental on the phone and said I had 30 days to get out the flat, obviously this cant be enforced so I told him this and then he comes up with the whole I will be getting the 12 months notice letter to leave.
Where do I stand with this, I think if he does give the 12 months notice in writing I literally don't have a leg to stand on?
Rather annoying as ive never bothered him in 3 years living in the place, anything that's broke ive just paid and replaced it myself and ive even re-painted the whole thing at my own expense recently, that will have to change next year!
He can do that but the notice must be granted by a court and delivered by registered post. He can only get the court order if he convinces them that he wants to move either himself or immediate family in, or he wants vacant possession to sell the place.
If the reason is to move himself in, he cannot rent it to a 3rd party for 2 years. If it's so he can sell, he can't rent it out to anyone until sold.
In the current environment he's unlikely to sell, so by serving notice he's cutting off his nose to spite his face.
If he does rent it after you leave, you can sue him. Stories of what you may get award vary from 2 years rent to covering your moving costs and any additional rent.
I shouldn't worry, landlords do this regularly. When it gets to next year and they are faced with renewing with you or having an apartment they cannot legally rent, they almost always renew.
Additionally, Google RERA rental calculator, it tells you exactly how mush your landlord is entitled to increase the rent, if at all. Although in your case since he has not given the required 3 months notice he's entitled to zero.
Hope that helps. Feel free to PM me.
If the reason is to move himself in, he cannot rent it to a 3rd party for 2 years. If it's so he can sell, he can't rent it out to anyone until sold.
In the current environment he's unlikely to sell, so by serving notice he's cutting off his nose to spite his face.
If he does rent it after you leave, you can sue him. Stories of what you may get award vary from 2 years rent to covering your moving costs and any additional rent.
I shouldn't worry, landlords do this regularly. When it gets to next year and they are faced with renewing with you or having an apartment they cannot legally rent, they almost always renew.
Additionally, Google RERA rental calculator, it tells you exactly how mush your landlord is entitled to increase the rent, if at all. Although in your case since he has not given the required 3 months notice he's entitled to zero.
Hope that helps. Feel free to PM me.
Many thanks on the detailed reply.
Rera calculator says its due a 0% increase anyways.
The way he was talking I think he was just planning to give me the notice in person when I give him the cheques for this year, hopefully he doesn't do it in the correct way then he wont be able to enforce it.
He also didn't seem aware of the 90 days notice to increase the rent either, but maybes was just trying his luck as I just paid the increase last year.
As you say though may get to renewal next year and having the hassle of getting someone else in and maybes the mortgage payments will be looming and wont look attractive not having the rent coming in!
Rera calculator says its due a 0% increase anyways.
The way he was talking I think he was just planning to give me the notice in person when I give him the cheques for this year, hopefully he doesn't do it in the correct way then he wont be able to enforce it.
He also didn't seem aware of the 90 days notice to increase the rent either, but maybes was just trying his luck as I just paid the increase last year.
As you say though may get to renewal next year and having the hassle of getting someone else in and maybes the mortgage payments will be looming and wont look attractive not having the rent coming in!
Jules360 said:
If he serves you notice he cannot get anyone else in. He either moves in, sells or leaves it vacant.
If he's bluffing and needs the rent he has shot himself in the foot. He has effectively made it illegal to rent to anyone but you next year. Have fun negotiating!!
Thanks will do! If he's bluffing and needs the rent he has shot himself in the foot. He has effectively made it illegal to rent to anyone but you next year. Have fun negotiating!!
Never looked into the systems here as never had to but at least the rules/regulations do seem to be on the side of the tenant. Hate moving its a complete hassle!!
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