Rent Increase - Can I Refuse?

MissB_2

Tibbledom wrote: »

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?

1. Yes.
2. Yes - 6 months - this is now due for the second renewal.
3. I will have to sign a replacement one - agreeeing to the rent increase - in 4 weeks' time.
4. I have been told by the LA that the Landlord wshes to renew my contract but also might put up the rent. Note they said might, but even so... They will advise me of this amount in 3 weeks' time. 1 month before I would have to give my response tot the contract.
3 weeks - new rent figure
4 weeks - agree/sign new contract OR refuse and hand in notice
8 weeks - stay or leave.
I have the 11 month, but that only leaves me with 1 week to choose before I have to advise of the notice.
5. £600 pcm.

B
x x x

Barneysmom

Bide your time and see what it is, then see if you can negotiate with your landlord.
Don't get rid of your pet she wouldn't be happy with anyone else.

ailuro2

Tell your landlord now that you can't afford a rent increase - his mortgage may be cheaper now than it was last year, you are a good tenant paying on time every month. Why would he want to lose you when there are some landlords out there being forced to reduce rent rates?

Ask around at your place of work if anyone has somewhere to rent - some people keep a hold of ther first property when they move in with their partners/get married and would love to have a solid tenant like you.

ailuro2

http://forums.moneysavingexpert.com/showthread.html?t=1444483

and have a read of this thread.

Good Luck!

MissB_2

Thanks Barneysmom and Ailuro.
That link is very interesting - thank you!
I dont think there's a mortgage on here, I could be wrong, but I am fairly certain he owns it outright.

Just to let everyone know, I'm entirely happy that he wants to put then rent up - I totally understand and appreciate that. It's getting tougher for us all and I appreciate this is a source of his income, no matter who is in it. I'm very lucky to have such a good place in such a safe and nice location.

It's just we love it here - because of various things (family, work, uni) I've had to move house 7 times in the last 8 years and this is the first one I've been in for longer than 8 months and it feels like a HOME now.

Thanks to everyone above, I think that if it's over £50, I might be able to say to him, 'I can only afford £50, will that do?'.
I really hope I won't need to, though.

No, she wouldnt be happy with anyone else and no house would be a home without her, for me ... that and my cat's a little on the mad and evil side, so I dont think anyone else would have her, either

Thanks again,
B
x x x

dirtyflannel

MissB wrote: »

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

is there any way you may be entitled to housing benefit go to you local cab and do a benefits check see if you can claim anything

MissB_2

HIya,

No I've checked a few times and I'm not entitled, even despite my medical history - I have a long-term serious condition but as it doenst generally affect my ability to get about etc... I'm not eligible.

I am earning an average, decent wage but as I am single I can only just afford to have my own space. It seems a real shame that I work very hard and at the end of the working day I cannot expect to go back home to my own place that I'm safe, quiet and happy in.
I dont have Sky or anything but - I only have the internet at home as I am a webdesigner in my spare time in order to bring in a little extra cash which I put towards clothes, the garden and a little furniture. I dont drink or smoke so the only cutbacks I can make are on bills and food - as ever.

B
x x x

Tibbledom

Thanks Miss B for answering the questions it makes it much easier to help.


Have you been served a section 21 notice to say the tenancy ends at the end of the latest 6 months fixed term (would have to be served at least 2 months before the fixed term ends)?

If not (and assuming the worst happens that you are offered a new contract at aa higher rent) another option that is available is to not sign the new contract and remain in the property when the AST ends. The tenancy would then automatically continue and become a periodic tenancy on the same terms and same rent.

The landlord would then have three options

1. He/she could serve a section 13 notice of a rent increase. However you would get 1 months notice of this so this would not affect the next month’s payment but the month after. If the rent was excessive in relation to market rents you can appeal (but see 2. below).

2. The second option the landlord has is to issue you with a section 21 notice to leave the property. This is 2 months notice from your next payment date (unless the contractual notice in the contract is longer).

3. Do nothing and accept the periodic tenancy on the existing rent

You in turn have the option to give the landlord one month’s notice of leaving to end on a rent payment date.

Either way it gives you some notice of the increase in rent and some protection from immediate eviction.

Of course the danger of not agreeing to the rent increase by way of a new contract is that the landlord will issue you with a section 21 notice to leave or will issue you with a section 13 notice which means you end up paying the higher rent, albeit with more warning, but without the security of the 6 month’s tenancy.

Signing the new contract does give you the security of a further 6 months in the property (rather than the landlord being able to evict you with 2 months notice).

You have to weigh up the options. You need to consider the rents of neighbouring properties. You have to ask whether you think the landlord will serve you with notice to leave if you don’t agree to the new contract. Do you want to take that risk? Do you think he/she will use the section 13 procedure to increase the rent ? Do you want to take that risk? How easy would it be for the landlord to find another tenant at the same rent as you are being asked to pay? If it might be difficult to find a new tenant then the landlord might not serve you with a section 21 notice to leave.

You might want to talk/negotiate with the landlord, that might give you a feel for how he/she is thinking. Also giving the landlord/letting agent the impression that a rent increase might affect whether you stay could frighten them off putting an increase in the new contract, but tread carefully if doing that because if you give the impression you CAN'T pay that might work against you.


Anyway have you been served with a section 21 notice to leave the property (would have to be served at least 2 months before the end of the fixed term). This is very important to know?


I would suggest you get further advice from the CAB or Shelter. They have lot's of useful info for this sort of situation. Take your tenancy agreement with you and any other notices or paperwork.

It may be that the new contract is at the same rent and there is no problem. But at least you know your options if that is not the case.

Edit: One further thought. You mention LA which I assume means letting agent and not local authority. Can you just confirm this is not a starter tenancy issued on an AST basis by a housing association but just a standard let from a private landlord. If it is housing association then things are different.

nervousmother

check your agreement of rent increase, as far as im aware at our place rent can only go up by 5% per year.

lindsaygalaxy

I would be suprised at a £50 increase, that seems very high to me after just 1 year.