Rent Increase - Can I Refuse?

MissB_2

I'm the best little tenant ever - honestly. I pay on time, I take extra good care of things and I am, in the main, quietly bimbling along, tending the property and not causing any problems.

Unfortuantely I live in quite a 'dated' property and since I moved in 10 months ago a few things have needed serious attention - the boiler (cost around £2k), kitchen floor (cost around £500 max) and a few other, smaller maintainence bits, such as leaks etc... which would all have cost. I appreciate that, added up, since I moved in last year I doubt my landlord has seen much of the rent.

My current rent is a fair bargain for the property, if you dont take into consideration it has not been updated very much since being built 50 years ago.

The landlord has now said he's thinking of putting the rent up - though will not confrm until 3 weeks' time (which, as per the contact, is entirely within his right and totally fair) - but this means I'll have 1 week to decide and/or leave.

If it goes up more than £50 I'm screwed. I cannot afford to stay.
Property round here is so expensive and such that I cannot find anything in my price range which will accept my pet. If I move further away, the slightly lower rents are cancelled out by travel.

Easy answer is to get rid of my pet, but I am loathe to do so - I live alone, I love her to pieces and she's my only company. Even then, the stuff I can afford is rubbish.

If he says he's putting it up more than £50, am I at all able to go back and say 'Hold on, can't afford that, would you accept £50 more a month'? Knowing I'm - in the main - a good tenant and all the 'big' stuff is now fixed...

Please help, I dont want to lose this place - I've never been able to stay anywhere this long because of various family circumstances and it's finally feeling like home
x x

poppysarah

Have a look around at similar size places - are you still getting a bargin rent wis?

Yes do the negotiating thing -

See what your local council says about good standards of rental - you can always say that the ones that are more expensive/about the same have new kitchens and bathrooms etc.

Enfieldian

If things are such that a £50+ increase is going to cause problems, then can you afford it at all?

My LL requested a £40 increase and although I was loath to accept it, the inconvenience and cost of moving, new credit checks, finding another deposit etc... would have equated to the same as he was asking or possibly more.

Planner

Why do you think you will only have 1 week to decide if you want to accepted the increased rent or not?

Tibbledom

If you know the answers the following may help

1. Do you have an Assured Shorthold Tenancy?
2. Was there a fixed term and has this now ended?
3. Did you sign a replacement tenancy or has the tenancy just rolled on after the end of the fixed term
4. What is the wording that makes you THINK an increase can be applied with 1 week's notice
5. How much is your rent and do you pay monthly?

silvercar

Two ways of increasing rent:

section 13 notice

Served with at least a months notice, to end on a rent day. If you don't want to accept you can notify landlord and appeal to the council's private rent officer. If the landlord wants you to leave he needs to serve you a section 21 notice giving you 2 months notice (to end on a rent day).

New contract

Landlord offers you a new contract at higher rent. If you don't want to accept your current contract carries on on a periodic basis until the landlord serves you section 21 notice to leave.

Planner

silvercar wrote: »

Two ways of increasing rent:

section 13 notice

Served with at least a months notice, to end on a rent day. If you don't want to accept you can notify landlord and appeal to the council's private rent officer. If the landlord wants you to leave he needs to serve you a section 21 notice giving you 2 months notice (to end on a rent day).

New contract

Landlord offers you a new contract at higher rent. If you don't want to accept your current contract carries on on a periodic basis until the landlord serves you section 21 notice to leave.

There is always the third way, which from the o/ps comments, seems to apply in this case - there is an annual rent increase mechanism built into the existing contract.

Imp

silvercar wrote: »

Two ways of increasing rent:

section 13 notice

Served with at least a months notice, to end on a rent day. If you don't want to accept you can notify landlord and appeal to the council's private rent officer. If the landlord wants you to leave he needs to serve you a section 21 notice giving you 2 months notice (to end on a rent day).

New contract

Landlord offers you a new contract at higher rent. If you don't want to accept your current contract carries on on a periodic basis until the landlord serves you section 21 notice to leave.

And either way you are given at least a month's notice. When my landlord tried to increase my rent at short notice I wrote back saying

"you have not given me the statutory minimum notice in the required form."

The landlord sent an apology saying it was an administrative error and sent through the right form with the right notice. I did pay the increase, but ended up with three extra months at the lower rent.

But before doing that, go and read the Housing Act 1988 and the Landlord and Tenant Act 1985 (do a google search).

Tibbledom

Planner wrote: »

There is always the third way, which from the o/ps comments, seems to apply in this case - there is an annual rent increase mechanism built into the existing contract.

Agree. We need more information before we can answer the OP's question.

MissB_2

Planner wrote: »

Why do you think you will only have 1 week to decide if you want to accepted the increased rent or not?

Because my current contract ends 1 month and 1 week after he will advise me of this new rate through the Lettings Agency. So I can choose to accept in that week, or give my notice to leave at the end of the 1 month.

B
x x x

MissB_2

Enfieldian wrote: »

If things are such that a £50+ increase is going to cause problems, then can you afford it at all?

No I can't - being my problem! I can't afford more than a £50 increase, and I cannot afford to move again.
In this area, the cheapest rents are only £50 less than I am currently paying, but these properties are in areas unsuitable for single ladies to live in. I'm not willing to take my chances.

B
x x x