The problem is that witholding rent is so frequently considered to be grounds for a possession order to be issued regardless of any disputed points in the contract.
For sure, withholding lawfully demanded rent is very likely to get you evicted. But what if the rent is not lawfully demanded? My tenancy agreement says:
The tenancy may also be determined by the Council or the Tenant by twelve months notice in writing in compliance with the Allotments Act 1922.Now ignoring for a minute that the Allotments Act 1922 doesn't actually say anything about the the notice the tenant has to give, nor is a term that incorporates statute by reference fair under UTCCR 1999, this term means that I can not cancel the contract without 12 months notice, and if the term is inoperative then the common law fallback is 6 months.
To try and wriggle out of that difficulty the Council have written to every tenant telling them that they waive the notice requirement, but they can't unilaterally vary the terms of the contract, and if they could I am still not free to cancel the contract without loss because by the time I received my rent demand I had already bought seeds and sundries for the year, and I have crops in the ground and fixtures that I will not be able to take with me.
So now I rely on UTCCR 1999 S.5(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.
Specifically, Schedule 2.1 Terms which have the object or effect of (j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract;
and 2.2 (b) Paragraph 1(j) is also without hindrance to terms under which a seller or supplier reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to dissolve the contract.
So were I free to cancel the tenancy, that is, were I contracturally free to cancel without suffering any loss either under the contract or by its cancellation, and were the Council required by the contract to give me reasonable notice of the increase then the Council could lawfully impose whatever increase in rent they wanted to. But I'm not, and they didn't, so they can't.
That's my contention. That they were not entitled to increase the rent arbitrarily without notice, and such an increase is unlawful.
The principle that is important to me here is that the Council believe they can act however they choose. It's not just about rent, it's their whole attitude to us as tenants. I've ben pushed too far and I'm not inclined to be pushed any further.
