Help with tenancy agreement

emmajon

Hi there

We have been renting a property for 18 months, our tenancy up on the 11th October, however my landlord informed me on 15th Sept (four days ago) that they are increasing the rent, i said we wouldn't be able to afford this and would be looking for somewhere else. Since then they have put a note through our day saying we must give a months notice in writing to terminate our contract, despite it actually expiring on the 11th October. So my question is, do we have to give a month despite it expiring on the 11th, and how much notice do they have to give us before they enforce the price increase? Any help will be appreciated guys!

Premier_2

If your fixed term expires on 11 October, you can legally leave without giving any notice on that date. But stay just 1 day longer and you are required to give 1 months notice (ending on the last day of a rental period, typically the day before of the day rent is due).
Only courtesy says that you are required to give notice at the end of your fixed period, and you appear to have done that especially since the LL intends to increase the rent.

With regards to proposing a rental increase, unless otherwise mutually agreed or specified in the original tenancy agreement, formal notice must be given. That notice is normally equal to a rental period and would apply from the start of a rental period (i.e. at least one month if given ast the very end of a rental period).

So effectively, whenever he gives you such notice you could give him a notice that you intend to leave. i.e. you could legally end the TA on or before any date he could enforce a rent increase.

tbs624

Emma - how much is the increase, and what is your rent like compared to similar properties in your area? Is there a high demand for rentals there?

Experienced LLs balance up the cost of having a void on their property against what they might gain in rent increase over the next year. They also take into consideration that it's not worth losing a tenant who is known to be reliable, pays the rent on time and looks after the property, when the a new potential tenant may do neither of those things.If you are otherwise happy there perhaps you can get some relevant figures together and negotiate?

If you do decide to go, whilst I would generally agree that a tenant should be able to simply leave at the end of a fixed term period, it's perhaps worth noting that IIRC a recently tenancy deposit adjudication awarded the LL the equivalent of a month's rent in lieu of notice.

You don't have to allow the LL to show potential new tenants round whilst you are still a tenant btw: access is only by agreement at times/date to suit you

paintpot

tbs624 wrote: »

If you do decide to go, whilst I would generally agree that a tenant should be able to simply leave at the end of a fixed term period, it's perhaps worth noting that IIRC a recently tenancy deposit adjudication awarded the LL the equivalent of a month's rent in lieu of notice.

Tbs, can you tell me the details of the case for that please.

thanks

tbs624

Hi PP, was just going to PM you but my postbox is full, soc an't until I have a bit of a clear out . Have to log off now but will post it later for you when I track file down ( someone else may come upwith it in meantime): mentioned it on another thread but can't recall if I linked to the adjudication.

emmajon

Hi guys,

thank you for all of your advice and help. It was certainly interesting reading, and I actually thought we were within our right to leave on the 11th without having to give a months notice as our tenancy expires then.

The price increase is not massive, in fact only £30.00 extra per month but the problem is that we have been struggling to pay the original amount and when compared to other properties in the area our rent is very expensive. We've noted that we are paying at least £200.00 more than other similar properties in our area. We are disappointed that the LL are prepared to have us leave especially when we have been good tenants, always paid the rent on time and never complained despite us having major problems with the sewage at the property. We have seen a lovely house actually and are hoping that we will be able to secure this new one - and we'd be saving a fortune!