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Landlord wants to put the rent up

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annab275
annab275 Posts: 48 Forumite
in House buying, renting & selling
in 2014 we had a letter from our letting agents to say that the landlord had agreed to a rent freeze for five years. It currently stands at £695. In the last couple of months the shower cubicle was changed as the old one from the 1970's was rusting and falling to bits. At the same time, the fridge freezer (over 20 years old) was replaced as this too was rusting and the seals had broken. We have recently had a letter to say the landlord has proposed a rent increase to £725 a month. I can't help thinking it is because he has had to pay for this work to be done.
Also there is no EPC on the property. I have requested one and I suspect as it is such an old property with blown double glazing, no insulation etc. it will be on the lower end of the scale. We love the location in the middle of the countryside and we were willing to put up with the outdated fixtures and fittings, but we feel it is unfair for the landlord to suddenly demand a rent increase. We cannot appeal to the landlord direct as he lives abroad, and deal directly with the agents. After a house inspection yesterday, the agent felt we were right to challenge the increase but is there anything more we can do? we have always paid the rent on time and treat the property like our own home and feel we are being unfairly treated given that there are some nightmare tenants out there!
must say NO to impulse buys!
GC March Challenge £182/200
GC April Challenge £232/£175
GC May Challenge £170/£175
GC June Challenge £175
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Comments

  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Have you still got the letter about the rent freeze? What exactly does it say?

    Are you on a fixed tenancy or a periodic (month to month?) tenancy?
  • Arleen
    Arleen Posts: 1,164 Forumite
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    If your contract doesn't allow for the rent increase, then he cannot enforce it. But at the same time, he doesn't have to keep renting to you after your current lease expires. And I imagine that this is the choice you have to make, either try to negotiate it so you both will be happy, or reject it and face not being able to renew the contract.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Your ultimate sanction against the landlord is to move, of course.

    No EPC - when did you move in?

    What does the tenancy say about the rent increase, what does the 2014 letter say, and what does the increase notice say? EXACT wording... When did it last increase, and how much by?
  • robatwork
    robatwork Posts: 7,091 Forumite
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    Just don't pay it - your letter sounds like a legally binding contract.

    But expect him to issue a S21 soon - are you on an AST ?
  • G_M
    G_M Posts: 51,977 Forumite
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    What is your current tenancy? Fixed term? Dates? Periodic?

    What exactly (yes, EXACTLY) does the email say?

    Wht does the tenancy say about rent inceases?

    Have you read:


    * Rent increases: when & how can rent be increased?
  • annab275
    annab275 Posts: 48 Forumite
    edited 5 February 2017 at 4:08PM
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    this is the wording: 'Please find enclosed a Section 13 Notice in respect of the above property with a rent increase proposal to £695.00 per calendar month to commence 7th March 2014. The landlord is willing to guarantee a 5 year freeze at £695.00 from the above date'. Having been on a 12 month tenancy we are now on a rolling tenancy. My understanding is that he cannot issue a section 21 order on us without an EPC.
    must say NO to impulse buys!
    GC March Challenge £182/200
    GC April Challenge £232/£175
    GC May Challenge £170/£175
    GC June Challenge £175
  • annab275
    annab275 Posts: 48 Forumite
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    we moved into the property September 2007
    must say NO to impulse buys!
    GC March Challenge £182/200
    GC April Challenge £232/£175
    GC May Challenge £170/£175
    GC June Challenge £175
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    edited 5 February 2017 at 4:13PM
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    annab275 wrote: »
    this is the wording: 'Please find enclosed a Section 13 Notice in respect of the above property with a rent increase proposal to £695.00 per calendar month to commence 7th March 2014. The landlord is willing to guarantee a 5 year freeze at £695.00 from the above date'.

    That seems fairly conclusive. No rent increase between 7/3/14 and 7/3/19.

    The EPC question is much less clear-cut.
    http://www.landlordlawblog.co.uk/2015/09/17/section-21-the-new-rules-energy-performance-certificates/
    So your tenancy didn't start after 1/10/15, and even then it's unlikely that the lack of an EPC means that the s21 would be invalid.

    Let's face it, the EPC is a waste of space anyway. They weren't required for new tenants before August 2008, so the landlord would never have needed one for you.
  • annab275
    annab275 Posts: 48 Forumite
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    but if we left he would need one for new tenants. He would also need to spend a fair bit to get the property up to scratch. That's why I am a bit perplexed as we have been providing him with income for over 10 years. Properties in this area are more expensive but they are newly refurbished with modern kitchens and bathrooms. We do have the option of moving but I feel he is taking advantage of the fact that we like living here!
    must say NO to impulse buys!
    GC March Challenge £182/200
    GC April Challenge £232/£175
    GC May Challenge £170/£175
    GC June Challenge £175
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
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    You are not being unfairly treated. This is a business negotiation.
    annab275 wrote: »
    After a house inspection yesterday, the agent felt we were right to challenge the increase

    As a landlord I would start by sacking this agent.
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