rent increase

wulfii

Hi, I have been in my property for 16 years and my rent for the last 2 years was £550, I have just received a letter today (27th July) dated July 24th stating that my rent will increase from July 1st to £620 is this in line with inflation ? Also can someone advise me if the landlord can do this,I am at my wits end, can anyone help me work this out
Thanks in advance

G_M

This post explains how and when rent can be increased.

Edit: Just seen you've been there 16 years. What kind of tenancy is this? The post referred to relates to AST so may not apply to you.

You may be an Assured Tenant.

If in doubt use Shelter's 'tenancy check tool' here.

However whatever the tenancy type you need to be given advance notice of an increase. You received this today (27th July)? And the rent increase applies from 1st July (4 weeks ago)?

Not legal. Even if you mean 1st August, still not enough advance notice.

But you need to tell us what tenancy type this is.

newulfii

Hi I have had trouble logging in so created new wulfii name and this is still me
I have an assured tenancy as I have not seen an s20 form

newulfii

I spoke to the landlords agents secretary and she tells me the reaason the letter was late being sent out is because the office is behind, this has nothing to do with me does it !? BTW I am in Wales

G_M

For the avoidance of doubt did your tenancy start before or after 27th Feb 1997?
OK – so you are an Assured Tenant. Did you read the Shelter section on ATs in the link I gave you? Did you read the section on rent increases?

Is your tenancy Fixed Term or Periodic?
Is there a clause within it regarding rent rises? What does it say?
If Periodic, and no clause – is the letter you’ve received in the form of a S13 Notice?

the reaason the letter was late being sent out is because the office is behind

This is no excuse. There is a timetable for giving notice in advance for rent increases which the landlord/agent must abide by. If they are 'behind' and therefore late, the notice is invalid.

newulfii

tenancy started July 1st 1996, its fixed term (2 yearly)
Yes I did the shelter thing and I have no recollection of being given any forms except the tenancy agreement and the letter I have recieved is just a letter and a copy of the same letter with a space for me to sign if I agree and no clauses re rent rises just this as followsIt says SUBJECT TO any increase in the rent to which the landlord may hereafter be entitled
pursuant to section 6 and/or section 13 of the housing act 1988

G_M

SUBJECT TO any increase in the rent to which the landlord may hereafter be entitled
pursuant to section 6 and/or section 13 of the housing act 1988

well in that case
a) he needs to issue a S13 Notice
b) unless the rent increase is mutually agreed (which it will be if you sign!)
c) a S13 Notice needs to be served in advance - and this i) wasn't served in advance and ii) wasn't a S13 Notice.

So the LL is relying on mutual agreement. Naturally, any rent increase (or decrease!) is valid provided both sides are happy with it and agree. Are you happy? Do you agree? If not, just ignore it and continue paying theold rent!

edit: Sorry. I may be wrong. You said

its fixed term (2 yearly)

So when did you last sign a 2 year fixed term and when does it end?
If you are still in a (2 year) fixed term and there is NO clause allowing rent increase (apart from what you've quoted) then the rent canNOT be increased till the current fixed term ends (except by mutual agreement, so again, do NOT sign/return the letter unless you WANT the rent to change!)

McKneff

OBviously then can put rent up, but they have to do it properly, and with sufficient notice.

Keep copies of any correspondence between the parties and send any letters recorded delivery.

G_M

McKneff wrote: »

OBviously then can put rent up, but they have to do it properly, and with sufficient notice.

Keep copies of any correspondence between the parties and send any letters recorded delivery.

From the info provided, I think you are wrong - they can not put the rent up - they can only ask the tenant if (s)he is willing to pay more.

Not sure why recorded delivery is recommended. If for proof correspondance is delivered it is a risky approach. Recipient might refuse to sign for/accept the letter. Proof of posting is a better approach.