Estate Agent increasing my Rent

tbs624

Southpaw wrote: »

..Today I have recieved a letter from the Estate Agent saying that the rent will be going up from next week due to a rent review..........The rent amount has stayed the same from the last 4 years and I am on a rolling 6 month contract. Which obviously is about to be renewed....

Was your very first contract a 6 month term, with a new agreement being signed for each successive 6-monthly period?

Is there any mechanism within the current contract for rent increases?

Is the date on which the EA says the rent is to be increased within your current fixed 6 month term?

Or does it fall due from the start of a new 6 months fixed term, ie forming one of the terms of a new tenancy agreement?

Some of the advice given by some posters above does not apply unless your current tenancy agreement is due, upon expiry of the fixed term, to become a periodic one (ie, running on a month to basis), in which case a specific notice has to be used (a S13).

If you have already had a valid S21 Notice served on you, setting out the LLs right to repossess the property, you may have little option other than to agree to the terms of the new contract, or look elsewhere.

You'd be best advised to have your Tenancy Agmt plus any other info to hand & ring Shelter 0808 800 4444 (helpline open until midnight) or talk to a Tenancy Relations Officer on the private sector rentals team at the local council.Their help and advice is free.

prudryden

havethis1 wrote: »

No its not. All you do is say you will move you dont actually have too.

If they dont back down just say "I cant be bothered moving after all" and pay the new rent.

Might want to be a bit careful. Certainly don't put your quit notice in writing and then back out. The "Distress For Rent Act 1737" is still on the books as I understand it. It requires the tenant to pay DOUBLE RENT should he give notice and not vacate.

PoorDave

[quote=clutton;12658427_What_LL_is_going_to_turn_down_an_increase_in_rent_?[/quote]

A LL who isn't benefitting from the increase, and whose tenant has felt strongly enough about it to post on MSE, perhaps?

clutton_2

how do we know the LL is not getting any of the increase ?

tbs624

[quote=clutton;12658427_What_LL_is_going_to_turn_down_an_increase_in_rent_?[/quote]

PoorDave wrote: »

A LL who isn't benefitting from the increase, and whose tenant has felt strongly enough about it to post on MSE, perhaps?

Or maybe a LL who has a modicum of intelligence to think for him/herself & realise that a month or two's void will quickly wipe out any potential gain from a new rent over the year if the current tenant decides to leave rather than renew?

prudryden

Section 18 of Distress Rent Act 1737

18. And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premises by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same : Be it further enacted by the authority aforesaid, that from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premises by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.

franklee

clutton wrote: »

What LL is going to turn down an increase in rent ?

PoorDave wrote: »

A LL who isn't benefitting from the increase, and whose tenant has felt strongly enough about it to post on MSE, perhaps?

tbs624 wrote: »

Or maybe a LL who has a modicum of intelligence to think for him/herself & realise that a month or two's void will quickly wipe out any potential gain from a new rent over the year if the current tenant decides to leave rather than renew?

Yes, not to mention a landlord who would rather keep a tenant he has a good relationship with than risk an unknown for a small amount of extra rent. I've often read from the more experienced landlords that keeping a proven good tenant is worth 10% off market value.

If I was the landlord I'd be mad with the agent for risking my losing a good tenant by asking for a rent increase I didn't know about ...

kennyboy66_2

prudryden wrote: »

Might want to be a bit careful. Certainly don't put your quit notice in writing and then back out. The "Distress For Rent Act 1737" is still on the books as I understand it. It requires the tenant to pay DOUBLE RENT should he give notice and not vacate.

and you can still shoot a welshmen in Chester after sunset.

May be on the statute books but a court would view this as being penal as would certainly not enforce against a residential tenant.

Macho "have a go" landlords like to spout such nonsense but go a bit quiet when you call their bluff.

prudryden

kennyboy66 wrote: »

and you can still shoot a welshmen in Chester after sunset.

May be on the statute books but a court would view this as being penal as would certainly not enforce against a residential tenant.

Macho "have a go" landlords like to spout such nonsense but go a bit quiet when you call their bluff.

How do you know how a court would view it? Have you tested it? Interesting thought however. How would a judge view a deliberate misleading (potentially fraudulent) action which causes anyone (landlord or tenant or shop owner) to suffer hardship and potential financial loss. Isn't the 3xdeposit penal as well? Judges have ruled both ways on that one, so you can never be sure.

tbs624

kennyboy66 wrote: »

and you can still shoot a welshmen in Chester after sunset.

May be on the statute books but a court would view this as being penal as would certainly not enforce against a residential tenant.

Macho "have a go" landlords like to spout such nonsense but go a bit quiet when you call their bluff.

Pru's point is interesting: AFAIAA other Sections of that Act have since ceased to have effect (specifically S 1 to 10;16 and 17;and 19) but also have a look at Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited [1999]

However, if in this case the tenant is on a fixed term 6 months contract s/he can of course simply leave upon expiry ( I don't think it's clear from the first post what his/her contractual terms are)