rent increase vs eviction

Waldir

Hi

My 6 months tenancy contract (AST) just comes to its end, and is becoming a periodic contract.
Apparently, the landlord needs to give me 2 months notice if he wants me to leave (ending on the last day of a tenancy period, so in fact the S21 notice is 2 to 3 months).
But it seems that he only needs to give 1 month notice for serving the S13 notice for rent increase...

So what prevents him from serving a superhuge rent increase to force me to leave within 1 month, instead of a normal S21?

RainMaker_2

You are not bound to agree the rent increase. A S13 notice can be challenged by the rent assessment committee. Of course, if the LL doesn't like their assessment he can use a S21 notice to get you out, but that will require two months notice.

Soot2006

So what prevents him from serving a superhuge rent increase to force me to leave within 1 month, instead of a normal S21?

You saying thanks but no thanks to the increase ...

tbs624

Has your LL indicated that he will actually increase the rent, or are you just worried that/she might?

You *can* negotiate - very few LLs will want to run the risk of having a tenancy void, especially at the moment. If the LL was to let the property to a new tenant he would have to pay out for an Energy Perf Certificate to be done, he would have advertising costs to pay, the uncertainty of a new tenant who may or may not pay the rent on time, the costs of "unlocking" your deposit and registering that of the new tenant etc. If you have been a good tenant s/he won't want to risk losing you.

You can, as Rainmaker says, apply to the Rent Assessment Committee but you would need to do this before any rent increase would become payable, and don't sign any new agreement. Their decision is binding on LL & T for the following 12 months, but be aware that they can increase the rent if they view it as below the "market rent" for your area

Have you checked what rents are like for similar properties on your area?

There's a thread on this board about how to haggle down your rent - have a search, it was started off in the past 2 or 3 weeks

Waldir

Thanks for your replies

tbs624 wrote: »

Has your LL indicated that he will actually increase the rent, or are you just worried that/she might?

Just being worried...
Actually, I don't know why I took the example of a "super-huge" increase... I just realise that my worry is more on a small increase... as it would seem acceptable to any reviewing committee.
My current rent is currently acceptable: not overpriced, but I could find other properties around for a bit cheaper. But it's not worth for me to move because of the £200 agency fees each time, and other costs of course...
But if the landlord decides to increase my rent by £50 (he mentioned it, when I mentioned reducing the rent to match the properties around...), it'll become worth moving, and then I'll only have 1 month to do it, isn't it?

tbs624 wrote: »

You *can* negotiate - very few LLs will want to run the risk of having a tenancy void, especially at the moment. If the LL was to let the property to a new tenant he would have to pay out for an Energy Perf Certificate to be done, he would have advertising costs to pay, the uncertainty of a new tenant who may or may not pay the rent on time, the costs of "unlocking" your deposit and registering that of the new tenant etc. If you have been a good tenant s/he won't want to risk losing you.

I'm currently hoping that he realises that... I have been good

tbs624 wrote: »

There's a thread on this board about how to haggle down your rent - have a search, it was started off in the past 2 or 3 weeks

yep did that... tried it, but not really successfully apparently

silvercar

You will have one months notice of the rent increase, if you decide to move elsewhere you will be moving at the end of the initial fixed term so won't have to give any notice. Only if you decide not to move out at the end of the fixed term will you be obliged to give one months notice to end on a rent day.

RainMaker_2

Waldir wrote: »

I mentioned reducing the rent to match the properties around...), it'll become worth moving, and then I'll only have 1 month to do it, isn't it?

No, you must be given two months notice, which must end on a rent day.

I wouldn't worry too much, it's a Tenants market, and the LL knows it.

silvercar

Thinking about it, after a 6 month fixed term the only way the landlord can impose a rent increase is by offering a new fixed term contract. A section 13 notice cannot be used to impose a rent increase until a year has elapsed.

"The date on which the new rent is required must not be earlier than a year after the date when the rent was last increased using a section 13 notice. If a new tenancy is in place then the date should not be any earlier than a year after the date when the tenancy started. "

From here:

http://www.tenancyagreementservice.co.uk/rent-increases.htm

franklee

Waldir wrote: »

So what prevents him from serving a superhuge rent increase to force me to leave within 1 month, instead of a normal S21?

Waldir, It's a good point you raise and I'd guess it does happen, why the S13 is only a month not two I do not know.

Don't forget to check to see if you have already been served a Section 21 notice, it's becoming more common to serve these routinely shortly after the start of a tenancy. In which case the landlord can more easily put pressure on a tenant to accept a rent increase. As the S21 notice period is out of the way the tenant can be threatened with court action for possession to be started without delay should the tenant be awkward in refusing the increase. Of course the landlord offering the tenant can stay should void the S21 but landlords here manage to get round that somehow.