Landlord Increasing Rent

IainT_3

Hey guys,

My landlord just sent me a letter informing me that from 1st December he's pushing my rent up. I was wondering if somebody who knows more about this stuff could give me advice on the legality of it.

I originally moved into my house on 1st November 2010. My tenancy agreement states that I was moving in for a fixed term of 12 months.

When that 12 months expired my landlord didn't get in touch with me, and I didn't get in touch with him, so things just continued as normal - I paid my rent by standing order and continued to live in the house.

Today a letter has come through the door stating that from 1st December he wants to shove the rent up. It also contains some notes on the Housing Act. One of the notes says:


14. The first requirement, which applies in all cases, is that a minimum period of notice must be given before the
proposed new rent can take effect. That period is:
- one month for a tenancy which is monthly or for a lesser period, for instance weekly or fortnightly;
- six months for a yearly tenancy;
- in all other cases, a period equal to the length of the period of the tenancy!-!for example, three months in the
case of a quarterly tenancy.


These are the notes in full -

www .east-thames.co.uk/assets_cm/files/pdf/guidance_notes_tenants.pdf


To me it looks like I should be getting 6 months notice, rather than the two and a half months that they are pushing for. Am I off the mark on this one?

If somebody could offer some guidance it would be greatly appreciated.

Cheers
Iain

McKneff

I think you have probably automatically gone onto a rolling month tenancy when yur original 12 month contracted ended. You need to look at your tenancy terms and conditions.

In which case 1 month is the correct amount of notice.

Be thankful it didnt go up at the end of your first year.

IainT_3

The tenancy agreement doesn't say anything about what happens when the fixed term ends.

If that's what happens then that's disappointing. Thanks for the info.

I am thankful that it didn't go up after the first year, but the fact remains that things are already pretty tight, and having my rent shoved up by 10% in the run up to Christmas does not help.

McKneff

I'm not 100% sure mind. You just pick up things on here a lot and I think I have seen it in some threads.

I suppose you could google it.

Good luck to you. 10% is a lot when rents are so high in this day and age.

My son and family were renting for a while down in Abingdon when they came back from Amsterdam to live and
they were paying £1K a month:eek:

McKneff

http://www.mypropertyguide.co.uk/articles/display/10040/the-tenancy-agreement.htm
I think it is in the above link, if you scroll down to periodic tenancies.

dancingfairy

You have quite a few options (some of them better than others):
1) check out whether the notice is legal or not and if not, continue to pay at the same rate as you are now. Clearly at some point your probably landlord will either get the notice correct or just give up and give you your notice.
2) Accept that there will be some rent increase but contact the landlord and explain that a comparable rent is x,y,z and that 10% is excessive but that you would be happy to compromise at say 5% (obviously whatever fits within your local area). Remember though that moving would add a shed loads of costs so you may be prepared to pay slightly more than average to stay.
3) Give you notice and leave or alternatively
4) Grit your teeth and accept it.

I'd possibly go for either option 2 or option 4 myself.
Best of Luck however you decide to proceed.
df
Edit: Have just thought that you could ask to go onto a new fixed term contract if you wanted a) security of tennure and b) to ensure that you will not face further rent rises (I'm not sure how often rent can be raised on a periodic tenancy but if you asked for a fixed 12 month contract then at least you'd know where you stand and again, you could negotiate given that the landlord would know you wanted to stay for another 12 months and he/she wouldn't have a void to worry about). You could always go for a 12 month contract with a 6month break clause if you wanted.

picklepick

Assuming you're in England

http://england.shelter.org.uk/get_advice/paying_for_a_home/rent_and_rent_increases/private_tenancies

Alias_Omega

Two choices..

1) Move out
2) Accept rental increase


Though, the Landlord will have to calculate what it will cost for the property to be empty. If the rent is £600 pcm (£7200 per year) then the extra 10% is £720 taking it up to £7920 annually.

If the property was empty for 1 month, thats £660 gone straight away so the profit jumps down to £60.

Then the landlord has to throw in Inventory Fee's, Tenant checks, Advertising etc. Nevermind redecoration between lets.

Probably the letting agent who has come up with this idea of increase in rent, in line with inflation, blaa, blaa etc.


Work the calculator, and go to the landlord with the stats above. Though you will need to show willing that your ready to move if things dont man out.

sailerboy

When your 12 month Fixed Term ended you moved to a Statutory Periodic tenancy.

Assuming you pay rent monthly, the rental periods are monthly.

Next- does the original tenancy agreement have any clause about rent increases? If so, then the landlord must comply with that clause (whatever it may say) so check.

If not, then the landlord can increase the rent by issuing a S13 Notice (S13 of the Housing Act) giving, as you say, a month's clear notice.

The tenant can appeal to the Rent Assessment Tribunal who may reduce, confirm or increase the proposed rent.

Of course, since the tenancy is now Periodic, if the LL is unhappy with the RAC's ruling, he can choose to evict the tenant instead (2 months notice - broadly - via S21 Notice).

Fire_Fox

Negotiate a 5% increase.