Mid contract rent increase advise needed please.

Pantera_Fan

Hello,

I have today received a Section 13 notice to increase my rent by £50 a months from 1st October and need some advice please.

I have been living the house since May 2009 renting on an assured shorthold tenancy agreement. This has always been on a 12 monthly basis. When we moved in the rent was reduced slightly to agree a 12 month contract. This reverted to the original amount in May 2010.

At renewal in May 2011 the rent remained the same and we signed a new 12 months contract with clear start and finish dates.

I have a copy of the contract (signed by the letting agent) and nowhere does it state about mid term rent increases. In the letting agents terms and conditions we received in 2009 it does mention 'annual rent reviews' but I would have thought this would be at the renewal of the contract.

I don't think the new rent is unreasonable, however, as far as I understand it as we signed for a fixed period the increase cannot be applied until renewal, is that correct?

I don't want to be forced to move house in May 2012 by refusing the increase but at the same time I signed a fixed term agreement. Any advice or clarification would be greatly appreciated before I phone the agent on Monday.

Thanks

RAS

They can only impose a rent increase when a new contract is signed.

I am going to guess that the LA may have forgotten to do this when you signed the new contract in May?

G_M

If you signed a 12 month contract in May 2011 then the rent is fixed according to that contract until May 2012.

It appears the landlord (or his agent) has forgotton and believes ou are on a monthly periodic tenancy which is where a S13 would be relevant.

Write to the LL (with a copy to the agent) enclosing a copy of both your tenancy agreement and the agent's letter, politely pointing this out.

The LL may not even know that his agent is being so .... err... 'forgetful'!

Pantera_Fan

Thanks for the quick responses. The particular agent who sent the letter does have a habit of being 'forgetful'. I will write to them and see what I get back.....

paddyrg

And plan to move out when the tenancy is up - as you can be certain the extra £50 will be added then, maybe more ;-)

Pantera_Fan

paddyrg wrote: »

And plan to move out when the tenancy is up - as you can be certain the extra £50 will be added then, maybe more ;-)

I don't mind paying the extra £50 at renewal and if it is more I will review the market to see what is available. What I object to is agreeing to a 12 month contract then part way through the other party saying 'oh sorry I didn't charge enough can I break our agreement and have some more'.