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Renewing Contract - Landlord wants back payment
sticky23
Posts: 83 Forumite
We're on an assured shorthold tenancy in England. My current contract ran out on 14 August 2012, and we've been on a periodic tenancy since.
However, the landlord has been asking us if we want to re-new at an increased rent, and after negotiations (and him being away on holiday), we've agreed to re-new. They now want to charge us the difference in rent for the preceding three months (August to October). Is that legal? We've not had a notice of increase in rent. Neither does it say anything in our rental agreement about increase in rent or renewal.
Thanks in advance.
However, the landlord has been asking us if we want to re-new at an increased rent, and after negotiations (and him being away on holiday), we've agreed to re-new. They now want to charge us the difference in rent for the preceding three months (August to October). Is that legal? We've not had a notice of increase in rent. Neither does it say anything in our rental agreement about increase in rent or renewal.
Thanks in advance.
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Comments
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No it is not legal, you don't have to agree to that!Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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No, they cannot force you to pay extra backdated rent unless you agree to it (and there would be no reason for you to do this).
The only ways they can request an increase is if you agree to sign a new tenancy contract detailing the new rent, or if they give you a S13 notice (which requires at least a months notice of the increase IIRC)0 -
Eton_Rifle wrote: »How much money are we talking about?
If it's only a small amount, I liked the house and wanted to stay long-term, I might be inclined to pony up anyway.
£80 per month, so all in all £240.
That's not an insignificant amount, so I'm really loath to pay it. However, if we refuse, the landlord would most probably evict us. We are considering moving anyway, so this might just be the push we need to make that decision..0 -
£80 per month, so all in all £240.
That's not an insignificant amount, so I'm really loath to pay it. However, if we refuse, the landlord would most probably evict us. We are considering moving anyway, so this might just be the push we need to make that decision..
Remember to give correct notice and don't sign new contract obviously."If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0 -
Why not stay on AST and not sign up to anything if you are thinking of leaving.0
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Unless you have actually signed and paid the increased amount, I would argue that up to now there has only been negotiation towards a new contract.
But some of the real experts will be along shortly to confirm or otherwise."If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0 -
1) no, rent increase cannot be back-dated
2) why on earth are you agreeing to a new fixed term at increased rent anyway since
i) you don't need to pay an increase -just continue on a SPT (see below)
ii) you are thinking of leaving
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
Rent increases (how and when can rent be changed)0 -
£80 per month, so all in all £240.
That's not an insignificant amount, so I'm really loath to pay it. However, if we refuse, the landlord would most probably evict us. We are considering moving anyway, so this might just be the push we need to make that decision..
Why would the landlord evict a good tenant when they could simply serve a section 13 notice on you of the increased rent?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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