Landlord has put rent up - can I protest

Cody

Hello;

I live in a rented flat from a private landlord, with my wife and two young sons (both under 5). We've lived here for 4 years, paying the same amount (£1200 / month) in that time. The tenancy changed from a 1 year to a periodic tenancy after 1 year of living here. We have to give 1 months notice if we decide to move out, the landlord needs to give us 2 months notice (this is in writing).

We recieved a letter from the agent that looks after the property that rent is to go up to £1300.

Currently we are having very bad financial issues, and a £100 increase is a big deal for us.

When speaking with other people, they seem to suggest that we should say no, we can not accept this increase. But, I fear from doing that since if the landlady decides to give us our notice, it will leave us in a difficult position with regards to finding somewhere else to live. We would need to find somewhere near our sons school in London, and my credit rating is quite bad so a credit check by make getting a new tenancy difficult.

Feel like I am asnwering my own question here through typing, but if anyone can provide me with some experience on this or suggestions, greatly appreciated.

thanks

Cody

Notmyrealname

So it has effectively only been raised £25 a year or just over 2%. In fact the increase is also just under £25 a week so hardly a massive amount.

That is not over the top and unless rents for similar properties in the area are lower, you're going to have a hard time justifying your refusal. Your financial issues are not your landlords concern.

The advice you've had from other people to not accept it is quite poor. It is OK if you're in a strong position with a good credit record and can not only pass a credit check but afford the costs involved in moving but you can't.

We would need to find somewhere near our sons school in London

Unless he is in his final year, he'll survive a move with very little detriment. There is little point struggling like hell just to maintain the ability to send your child to one school. The detriment from friction and upset at home would far outweigh any benefits this school has in achieving good grades.

At best you can only plead your case but the LL doesn't have to accept it and if you don't pay the increase, they can issue a Section 21 notice giving you 2 months to leave.

My advice is to get over to the Debt Free Wannabee and see if the people on there can find ways of saving you money, reducing your outgoings and making sure you've got the maximum income - i.e you're claiming all the benefits you can for example.

G_M

HOW has he informed you?
WHAT does your tenancy agreement say (if anything)?

This will tell you how and when rent can be raised:

Rent increases (how and when can rent be changed)

jjlandlord

If they just sent you a 'normal' letter stating that they wish to increase the rent, then legally this is just a proposal. Ie. you do not have to pay and you won't be in arrears if you do not.

But as said you might get a s.21 notice as a result, though you can't be sure whether it would be worth it for the landlord to actually evict you in such case.

Best is to discuss and negotiate.

Edit:
Good point by G_M: You should also check your tenancy agreement for any rent increase clause.

Cody

Hello, thanks;

I have checked my tenancy agreement and no mention at all of process for rent increases. Also the agreement is the original agreement, which ended after one year, there was no new agreement signed, apart from a letter saying it is now a periodic tenancy.

The agent informed us by letter a month ago, I have not yet responded or acknowledged.. Rent is due to go up on 26th Oct.

Landlord is a little slack in fixing things, and I asked to pay 6 days pro-rate and move rent due date to 6 days later (so falls on 1st of month, after pay day), but she refused, so causing us cashflow pains at end of the month. Thinking of accepting increase in return for items fixed etc.

Fortunately we both work and do not qualify for any benefits other than child benefit, we are the squeezed middle.

Cody

G_M

Cody wrote: »

Hello, thanks;

I have checked my tenancy agreement and no mention at all of process for rent increases. Also the agreement is the original agreement, which ended after one year, there was no new agreement signed, apart from a letter saying it is now a periodic tenancy.

so your questions is.....?

Have you read the link I gave you yet?

Werdnal

Slack at fixing things - what type of things? Have you reported the things in writing - a letter that is, not a text, email etc.

LL has a duty to repair some things and not others. It depends what the things are whether the LL has to repair them.

Cody

G_M wrote: »

so your questions is.....?

Have you read the link I gave you yet?

I was answering your questions and have read your link, thankyou. I now understand that rent cant not be increased without my agreement but that the landlord could then ask us to move out in 2 months if she didnt wish to accept a lower rent.

Werdnal, we have had broken floor boards pretty much since we moved in (a little unsafe), broken meter cupboard doors on front of house that fall over in the wind for several months. I communicate with the agent via email, not text, where I raise these issues, on a monthly basis, and they pass them onto the landlord who then does nothing.

Maybe sending a letter will have better results.

Thanks for your help.

Cody

ruggedtoast

It makes me sick that these parasites can put the rent up £100 and threaten a working family with homelessness.

Thats an extra £1200 a year for doing nothing.

marleyboy

I rented a property a few Years ago where the LL announced a rent increase which was nearly an extra £80 a week on top of the original rent. The rent had been increased prior to around an extra £20 p\w which I agreed to cover, however this increase was more than my wage could cover and I told him he would have to evict me as there was no way I could afford it.

Even he knew there was no way he could have got another tenant with a weekly rent of £180, for a 3 bedroom house in a Manchester suburb. He agreed to keep the rent as it was with no increase, but the damge was done, I knew within 12 Months he would have another agreement with another new rent increase (the rent slightly increased with each agreement).

It didnt take long for me to find another property with a cheaper rent, within 6 Months, I handed in my notice and moved out.

I am fortunate with my current Landlord, upto now I have been here 3 Years and had no rent increase, although each new tenancy agreement I get each Year, I expect at some point the rent will increase. Its inevitable.

My advice is to let your Landlord know you just cannot afford the increase, they are more likely going to offer to delay it a Year, it all depends on the going rate of rented properties in your area.

McKneff

ruggedtoast wrote: »

It makes me sick that these parasites can put the rent up £100 and threaten a working family with homelessness.

Thats an extra £1200 a year for doing nothing.

Are you for real. The rent hasnt gone up for 4 years !!!!!!.

They are not threatening a working family with homelessness,
they are proposing to raise the rent.
Have you looked at rental prices between now and 2008. You need to and get this into perspective.

If they are served with notice, they have 2 months to find somewhere else to live. Plenty of time to do so, if they cant, then they just stay put, till a court puts them out and the council are obliged to house them.
Homelessness is not in the equasion.