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    • peter barnes
    • By peter barnes 12th Oct 17, 6:14 PM
    • 2Posts
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    peter barnes
    Increase In Rent And Notice Period
    • #1
    • 12th Oct 17, 6:14 PM
    Increase In Rent And Notice Period 12th Oct 17 at 6:14 PM
    Hi. New to the forum.
    I wonder if somebody could kindly advise? We rent a property on 12 months contract basis, November to November and we have done for a few years. In November, we fully expect to sign up to rent the property for a further 12 months. However, the letting agent has advised us that there will be an increase in rent from the date that our old agreement ends and the new agreement (if we agree to sign up for another year) is to begin. This being November.
    I've been doing some Google searching and I'm confused.
    Apparently, as we have a 12 month agreement, the agent or landlord has to give 6 months notice of an increase in rent but, I've read a few times that the agent and or landlord can increase the rent for the next period of letting as it will be a new agreement and our previous tenure has no bearing.
    I suspect we're going to have to pay the increase or move on but I wanted to check if my understanding is correct in that the 6 month notice of increase in rent is in relation to being given part way through the letting agreement, for example December of a 12 month letting agreement that runs November to November.
    I hope that makes sense?
    Any advice kindly offered would be gratefully received.
    Last edited by peter barnes; 12-10-2017 at 6:16 PM.
Page 1
    • 00ec25
    • By 00ec25 12th Oct 17, 6:23 PM
    • 5,555 Posts
    • 4,945 Thanks
    00ec25
    • #2
    • 12th Oct 17, 6:23 PM
    • #2
    • 12th Oct 17, 6:23 PM
    your understanding is wrong

    your existing contract will end, a new contract with a new price is being proposed. You are free to accept or reject the new contract

    if you reject the new contract and you remain in occupation after the current contract's expiry date you will automatically "roll over" to a Statutory Periodic Tenancy (assuming your existing contract does not state what happens when it ends, ie the existing contract allows for a contractual periodic tenancy to start).

    Your LL then has 2 choices -
    a) let you remain in occupation under an SPT and seek to impose a rent increase via a Section 13 notice,
    or,
    b) start the eviction process by serving a section 21 notice giving you 2 months notice that he will go to court and get a court order.

    (option c, leave you alone on the SPT with the current rent, sounds an unlikely outcome)

    read G_M's guides on:
    a) end of a contract options: http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

    b) how rent increases can be set up:
    http://forums.moneysavingexpert.com/showpost.php?p=67759920&postcount=5
    Last edited by 00ec25; 13-10-2017 at 10:21 AM.
    • theartfullodger
    • By theartfullodger 12th Oct 17, 6:44 PM
    • 9,106 Posts
    • 12,073 Thanks
    theartfullodger
    • #3
    • 12th Oct 17, 6:44 PM
    • #3
    • 12th Oct 17, 6:44 PM
    If landlord decides to evict you (as is his right following Thatcher's 1988 Housing Act he needs no reason to do so...) and you dig your heels in & wait for court, posession order, bailiffs etc the average time for this is 40+ weeks. Think you'll be safe for Christmas this year & probably 2018 summer hols also... See
    https://forums.landlordzone.co.uk/forum/residential-letting-questions/77351-time-to-repossess-statistics
    • paddypaws101
    • By paddypaws101 12th Oct 17, 7:21 PM
    • 2,047 Posts
    • 2,449 Thanks
    paddypaws101
    • #4
    • 12th Oct 17, 7:21 PM
    • #4
    • 12th Oct 17, 7:21 PM
    How long have you lived at the property? And how long since the last rent increase, if there has been one? Have you checked the price of other similar properties on offer in your area, and also how long those properties are remaining on the market for? lastly, what do you actually want to do...move? stay???
    You could of course following Mr Artful's advice above but do be prepared for a bumpy stressful time and also do remember that the landlord will ask the court to award the costs of the court eviction against you. What would you tell any new prospective landlord when they ask why you are leaving your current property?
    Look upon this as a chance to open friendly negotiations with LL......if the property market locally is slow then point this out gently and maybe offer a slightly smaller increase than is proposed initially and see if you can reach a happy compromise.
    • peter barnes
    • By peter barnes 12th Oct 17, 7:53 PM
    • 2 Posts
    • 0 Thanks
    peter barnes
    • #5
    • 12th Oct 17, 7:53 PM
    • #5
    • 12th Oct 17, 7:53 PM
    We've rented the property for three years, just going into the 4th year if we agree the increase. No prior increase so we should be grateful, I suppose. The rent is at the higher end of the spectrum for the area and type of house. The increase is 10% of the current rent.
    Thank you all for the responses. Really grateful. It appears that we have a choice of a) agreeing the increase and sign up for a 12 month period or b) agree the increase and go onto a rolling monthly contract or c) give 1 months notice (we have 4 days to do that) and move on.
    Love the house and love the location. We have paid in the past to have two cisterns repaired, a shower (broken) removed and a new one fitted, decorated throughout (it was in a mess), paid to have the washer / dryer repaired and then replaced and much more.... because we take care of the place as if it was our own and applying the principal that we were using it, so we have to repair / replace it. We no longer feel like maintaining that good will and we will be report everything from now on.......or maybe we'll come to our senses and be grateful for the lovely house we live in.
    Thanks again all for the responses. I'm very grateful.
    • isplumm
    • By isplumm 12th Oct 17, 8:44 PM
    • 1,814 Posts
    • 765 Thanks
    isplumm
    • #6
    • 12th Oct 17, 8:44 PM
    • #6
    • 12th Oct 17, 8:44 PM
    We've rented the property for three years, just going into the 4th year if we agree the increase. No prior increase so we should be grateful, I suppose. The rent is at the higher end of the spectrum for the area and type of house. The increase is 10% of the current rent.
    Thank you all for the responses. Really grateful. It appears that we have a choice of a) agreeing the increase and sign up for a 12 month period or b) agree the increase and go onto a rolling monthly contract or c) give 1 months notice (we have 4 days to do that) and move on.
    Love the house and love the location. We have paid in the past to have two cisterns repaired, a shower (broken) removed and a new one fitted, decorated throughout (it was in a mess), paid to have the washer / dryer repaired and then replaced and much more.... because we take care of the place as if it was our own and applying the principal that we were using it, so we have to repair / replace it. We no longer feel like maintaining that good will and we will be report everything from now on.......or maybe we'll come to our senses and be grateful for the lovely house we live in.
    Thanks again all for the responses. I'm very grateful.
    Originally posted by peter barnes
    I am no expert - but the 4th option appears to be go onto a monthly rolling contract, don't pay the increase & wait for either a S13 (rent increase) or S21 (notice to leave).

    I assume that there are no costs involved for the issuing of these notices until LL takes you to court.

    I am sure the excellent experts on here can clarify?

    Thanks Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • Slithery
    • By Slithery 12th Oct 17, 9:05 PM
    • 358 Posts
    • 521 Thanks
    Slithery
    • #7
    • 12th Oct 17, 9:05 PM
    • #7
    • 12th Oct 17, 9:05 PM
    c) give 1 months notice (we have 4 days to do that) and move on.
    Originally posted by peter barnes
    If you're leaving at the end of your fixed term then you don't need to give any notice, just hand in the keys on the last day and walk away.
    • G_M
    • By G_M 12th Oct 17, 11:16 PM
    • 42,262 Posts
    • 49,088 Thanks
    G_M
    • #8
    • 12th Oct 17, 11:16 PM
    • #8
    • 12th Oct 17, 11:16 PM
    Please read:


    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    * Rent increases: when & how can rent be increased?
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