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unfair rental increase

I have recieved a letter this week from the landlords letting agency, telling me that my rent will be increasing.

I am on an Assured Shorthold Tenancy Agreement. The fixed term tenancy will expire on September 1st.

When I first moved in, over 3 years ago, the rent was £975. It increased to £1015, and last year it increased to £1035. This year they want to increase it to £1400.

I live in South east london and the house is nice, but is literally surrounded by estates , so because of that I dont believe it is worth an increase of £365/month.

I will write a letter and ask for a much lower increase, more inline with previous increments.

Ive been a great tenent, no complaints etc etc. Id be happy to stay here for a further 6 years as my son is just about to start secondary school.

The house previously had a void of 3 - 5 months, so I know theyre taking a risk. I can mention all the above in the letter.

My question is, can they do this legally? It is such a hike.

There is no provision for increases in the contract. But as we are at the end of the contract date, im not sure that matters, as they would be, in effect writing a new contract, I presume.

Thanks in advance.

Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Bloody hell. Any chance thats a typo?

    A landlord wanting a 40% (there or thereabouts!) increase is nuts. Do other properties in the area go for such amounts?

    You can refuse, of course, but he could in turn simply issue you with 2 months notice.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 June 2012 at 6:34PM
    My question is, can they do this legally? It is such a hike.

    There is no provision for increases in the contract. But as we are at the end of the contract date, im not sure that matters, as they would be, in effect writing a new contract, I presume
    Corect.

    If your current fixed term ends on 1st Sept the rent cannot be increased until then.

    From 1st Sept it depends what you do. The LL (or his agent) can offer you a new fixed term at whatever rent they want - and you can agree and sign the new contract, or you can refuse.

    If you refuse there are various options:

    1) you negotiate, and agree a lower rent, and sign a new FT at that lower rent
    2) you do not sign a new contract, but stay anyway. You will move to a (monthly) Periodic tenancy at the same rent as now. The LL then has to decide whether to accept this, or give you Notice (and risk a void with no rent and possibly a dodgy tenant to replace you), or can use the S13 process o increase the rent in a periodic tenany.

    This post may help too.

    Might be worth discussing with the landlord.

    It's also always a good idea to look at other similar properties in the area, and their rents, so you can show the LL/agent that you could find a cheaper property.
  • silvercar
    silvercar Posts: 49,979 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    If you don't sign a new tenancy agreement then they would need to serve you a S13 notice to increase the rent under the existing contract on a periodic basis. The S13 notice gives you details of how to appeal to the private rent officer at your council.

    Is the rent market rent? or would you be paying over the odds?
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  • Have you checked local rents? Is the increase the going rate?
    Save £200 a month : [STRIKE]Oct[/STRIKE] Nov Dec Jan Feb Mar Apr
  • Ive had a proper look now online at the local going rates and what I got it for (975) and what its going at (1400), all seem to fit the market. However, 1400 is quite on the far upper end, of the spectrum. They may settle on 1100. And if not, then I think Im going to look at mortgaging. Maybe I'll start looking for a broker. Will post that question when I know what Im doing.
    I dont really want to pay 1100 for too long, to be honest.
    Thanks all.
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