LL increasing rent.

MercMan

My LL has just range me to say that my 6 mth lease expires on 15th November. He wants to raise the rent from 695pcm to 725pcm, I said I can only manage 715pcm (and that's pushing it) so he said it will be for a further 6 months only and 725pcm charged after that.

My Assured Shorthold Tenancy agreement states that if the tenancy is extended, the rent will increase each year from the First Due Date (which I assume is 16th May 2009 when I moved in) more than 364 days after commencement of the term by the amount stated for the annual increase in the Index of Retail Prices quoted for the month two months prior to the renewal. Can someone put this in non-legal speak please. Can he actually increase the rent as he proposes?

dopester

I'm really surprised any landlord is thinking of increasing the rent.

Most of them seem to be significantly lowering rents when asked these days.

Maybe take a look what other suitable homes are available to rent in your area, and compare the monthly rental prices. Then haggle them down.

Let the landlord incur voids for their greed.

DVardysShadow

He is being greedy. The first rise should be in May 2010 under your existing agreement. But he can insist on a new agreement at his rent and you can insist on leaving. In your position, I would put the clause under his nose and say that a raise now is against the spirit of the agreement. If he insists, I would put him to the trouble of producing a complete new tenancy agreement, otherwise let it go statutory periodic

G_M

When renewing a contract, the LL and tenant can agree any new rent they want - up, down or the same.
Tell him you can only afford the current rent. Finding a new tenant and having the property empty for a month or more will cost the LL far more than the difference in the two rents. Diplomatically point that out. Also point out you've been a perfect tenant (if you have!) whereas your replacemement is unknown...

Remember too he can only force you out at the end of the 6 months IF HE HAS GIVEN THE PROPER SECTION 21 NOTICE. Has he?
And if you just stay, without signing a new agreement, you will be perfectly legal: your existing 6 month AST will automatically become a Periodic tenancy (unless he's given you a Section 21 which has to be AT LEAST two months before the end of the tenancy.

nembot

These are tough times and although the landlord maybe a bit naive, I'm sure they're not stupid enough to risk a months rent.

It all depends on the property, local rental market and a bit of bartering - could you get a similar place for the same money?

Try rightmove, print off some pictures of similar properties for the same rent and show them to the landlord.

Managed to get £50 off the place I'm currently renting and don't think I'll get away with putting the rent up on my own place, for a while.


Good Luck!

MercMan

There is a Section 21 Notice in the current agreement (unfortunately). He says he will be drawing up a new agreement with the revised rent in it. BTW the Agent who is holding my deposit has gone bust! Anyone know what would have happened to my dposit?

hannahh_3

Hmm... not sure there can be a Section 21 in the rental agreement can there? - only mention of the right to serve one.

As a landlord myself, I have to say he's being very unrealistic by insisting on increasing the rent - it's definitely a renters' market out there, and if offered a choice between a continued tenancy with a good tenant at the existing rate, and an uncertain void period with no rent coming in, I'd grab the former with both hands. If I were you I'd definitely see what else is out there - you might even find a better property for the same as you're paying now!

With regards to your deposit, did the agent protect it? (ie by putting it in an approved deposit scheme like the DPS). That would have been their legal obligation...

silvercar

You can't be served a section 21 until the landlord has protected the deposit.

DVardysShadow

hannahh wrote: »

With regards to your deposit, did the agent protect it? (ie by putting it in an approved deposit scheme like the DPS). That would have been their legal obligation...

Let us be very precise here, becaues with the Agent gone it is very relevant to the tenant. The Agent's only responsibility in this is to the Landlord, not to the tenant. The Landlord is entirely responsible to the tenant to protect the deposit

breadlinebetty

Rents do go up over time, so yours will too. If you like the place then pay the increase, or look around for somewhere that's within your budget. Your LL has offered to keep the rent at the same price for the next 6 months, but despite the fact there are lots of rental properties on the market rents still rise over the years.

MercMan

hannahh wrote: »

With regards to your deposit, did the agent protect it? (ie by putting it in an approved deposit scheme like the DPS). That would have been their legal obligation...

The Deposit was protected with My Deposits.It was them that told me that the Agency had withdrawn from the scheme which set alarm bells ringing. Went to check with the Agency and found an empty shop!