Rent increase under an AST

WorzelG

Hi guys

I am currently renting a flat with my girlfriend under an AST.

The current monthly rent on our flat is £225. This seems low but the place is in a state os disrepair, including damp in all the walls. But we are happy to compromise and pay this price in the short term, the rent as been at this level for 5 years (my girlfriend has lived there all this time).

Today the landlords have written to us an said they are increasing the rent to £600 as from next month. Can they do this!!?

They say its inline with market rent but it clearly isnt as you can rent a decent house for less than that in my area. Thoughts guys?

tizhimi

you can get a rent assessment done of the property to see what is a fair price to pay in the area.

clutton_2

contact the Rent Assessment Panel on 0845 100 2617 or 012 43 7793 941

Soot2006

In the short term, you can also say thanks but no thanks ... Then they need to serve you notice ... which with some luck they might do incorrectly. Even if they do it correctly you'll have at the very least 2 months to find a better place that is also affordable to you.

sunnysea83

clutton wrote: »

contact the Rent Assessment Panel on 0845 100 2617 or 012 43 7793 941

The second number is wrong its 01243 779394 (NO 1 at the end), however this is the Southern Panels number you may want to contact the national helpline or your local panel. www.rpts.gov.uk


Your landlord has to serve you with a section 13 notice to increase your rent and give you one full months notice, i.e if they want the rent to go up on the 1st October they would have to make sure you had the notice by the 31st August etc

Was your tenancy due to come to an end and the landlords have written and said you can stay for x amount or you can leave the property? (should serve a s21 and give two mnonths notice to end tenancy? If this is the case the Rent Assessment Panel wont be able to help you.

They rent assessment panel can only assess a rent if you have been served a section 13 notice, however your landlord cant increase your rent unless they serve the notice or they are issuing you a new tenancy because the previous one has come to an end etc.

WorzelG

sunnysea83 wrote: »

The second number is wrong its 01243 779394 (NO 1 at the end), however this is the Southern Panels number you may want to contact the national helpline or your local panel.


Your landlord has to serve you with a section 13 notice to increase your rent and give you one full months notice, i.e if they want the rent to go up on the 1st October they would have to make sure you had the notice by the 31st August etc

Was your tenancy due to come to an end and the landlords have written and said you can stay for x amount or you can leave the property? (should serve a s21 and give two mnonths notice to end tenancy? If this is the case the Rent Assessment Panel wont be able to help you.

They rent assessment panel can only assess a rent if you have been served a section 13 notice, however your landlord cant increase your rent unless they serve the notice or they are issuing you a new tenancy because the previous one has come to an end etc.

We have a letter from the landlord asking for a rent increase from Nov 1st. It does not mention section anything and does not mention asking us to leave/evict.

I know this is odd but it appears both ourselves and the landlord have lost the tenancy agreement. Does anyone know what will apply in this case?

My girlfriend seems to think there was no fixed term, it was all a bit haphazard a few years ago though.

So we dont actually know/have proof of what the terms of the agreement are. Is there a default position in this case?

withabix

WorzelG wrote: »

They say its inline with market rent but it clearly isnt as you cant rent a decent house for less than that in my area.

Your statement means that they ARE right! What did you mean to put?

WorzelG

withabix wrote: »

Your statement means that they ARE right! What did you mean to put?

Now changed

tek-monkey

Say no, rent elsewhere. Seems the best situation, who wants a damp flat?

Although £225 pcm, that is damn cheap!

Soot2006

If you've been there a few years and haven't signed anything within the last 12 months, the odds are you're on a statutory rolling tenancy; so LL needs to give you 1 months notice of rent increase in form of S13 (which you don't have to agree with, but then he may give you 2 months notice to leave in the form of S21). If you want to leave you need to give one months written notice to fall in line with rental period.

WorzelG

Soot2006 wrote: »

If you've been there a few years and haven't signed anything within the last 12 months, the odds are you're on a statutory rolling tenancy; so LL needs to give you 1 months notice of rent increase in form of S13 (which you don't have to agree with, but then he may give you 2 months notice to leave in the form of S21). If you want to leave you need to give one months written notice to fall in line with rental period.

He hasnt issued me with any of those.We want to stay and would be prepared to pay a bit more.

I think we will complain to the Residential property tribunal service.

Has anyone got any experience with this? Should I contact the landlord first?

Ive read that you cannot be evicted if you have complained to the fair rents board and are still paying rent etc