Rent going up

Minnie999

Hello,

Found out recently that my rent is going up, have been a tenant for many years with a signed agreement which has not been renewed for many years.

As part of the increase I am being asked to sign a new agreement.

I have heard that the notice period (one month based on the old agreement) may reduce to a couple of weeks with the new one, though this has not been confirmed as I have not seen the agreement yet.

What are my options if I don't like the new terms and conditions but I can afford the extra rent and want to stay ?

I would like to stay, but the reduction in the notice period is the most worrying aspect.

Any advice, gratefully accepted.

theartfullodger

You do not have to sign new agreement.

You don;t have to agree to rent increase...

If you don't sign agreement landlord can issue "Section 13" notice & increase rent that way: You can challenge that increase to some public body...

At any time after the end of the last signed tenancy fixed term the landlord can evict you for no reason at all on at least 2 months notice...

Question is, would he do that just for the rent increase?? Neither you nor I know...

re. notice period unless landlord lives in the same building then he must give AT LEAST 2 months notice... so "old agreement" one-month sounds wrong..

Are you in England??

Cheers!

Minnie999

Really useful, thanks!

What does the Section 13 process involve - would the tenancy be at additional risk ? A challenge is unlikely to be successful from what I know of the market rates in the area.

My main concern is finding myself in a position where I have much less than the two months (what I originally thought was one month's) notice eg no notice or a couple of weeks notice.

BTW - the original agreement did state one month's notice, landlord does not live in the building but pays for someone to keep an eye on the place who does. Whether the clause is valid (it's in the UK) is another matter...

Once again, many thanks for the response, I'm very grateful.

jamie11

When did the tenancy start? Exact date if you can remember.

theartfullodger

Minnie999 wrote: »

Really useful, thanks!

What does the Section 13 process involve - would the tenancy be at additional risk ? A challenge is unlikely to be successful from what I know of the market rates in the area.

see...

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

Tenancy is always at risk of a landlord deciding, for no reason at all, to boot you out: Signing a new fixed term does give security for that fixed termmm

... (it's in the UK) ...

Very interesting: Landlord/tenant law differs between (eg) England, Scotland, Northern Ireland (eg Section 13 only applies in England: Other mechanisms elsewhere...): Are you in England??

Minnie999

Hello,

OK I didn't know about the variations within the UK, yes it's in England.

I don't remember the date the tenancy began I'm afraid but it was in the noughties if that helps at all.

Many thanks again.

jamie11

theartfullodger wrote: »

At any time after the end of the last signed tenancy fixed term the landlord can evict you for no reason at all on at least 2 months notice...

Cheers!

That 2 months notice is for the S21(4)(a) to run it's course. That is not a notice to quit, all it does is allow your landlord to start possession proceedings in the court, and only then if he has fulfilled his obligations in protecting your deposit and supplying you with the prescribed information.

Realistically it will take about 5 months for a landlord to go through every stage to have you evicted.

Minnie999

I managed to dig out the original 'old agreement' and just to confirm:

- It's an assured shorthold tenancy
- The old agreement is now over 10 years old
- No fixed term was defined in the old agreement (it was left blank)
- Under the terms of the old agreement one month's notice can be given by either party
- There are a number of references to the 1988 Housing Act

Questions:
1. If there is no fixed term defined, is the existing 'old agreement' still enforce ? Or is it so old now that it's no longer valid ?

2. Assuming the notice period in the agreement is legal, does the one month notice period still apply or on the basis of the above discussion describing English Law for tenancy and possibly because of the age of the agreement rendering it no longer applicable, is the notice period now two months (I've noted that, in practice, it would be longer in either case)?

Many, many thanks for your kind help.

Minnie999

Continuing to monitor the situation at the moment. Plan to become more familiar with my rights as a tenant in the meantime. Likely to bump into the landlord's rep over the coming days, but will try not to sign anything until I've decided what (if anything) I should do about this.

Thank you theartfulldodger and Jamie11 for your help this week - invaluable advice.

RAS

Minnie999 wrote: »

BTW - the original agreement did state one month's notice, landlord does not live in the building but pays for someone to keep an eye on the place who does. Whether the clause is valid (it's in the UK) is another matter...

What is the status of this person? Are they a co-tenant or do you only rent one room and share other rooms and facilities?

Guest101

Don't sign anything you do not 100% agree with, that's the rule for life, always stick to it.

Regardless of what your original agreement states it's going to be much more hassle for your landlord to evict you than to negotiate terms. The statutory (legal) notice period for any short term lease, for the landlord is 2 months, for the tenant 1 month (Minimum).

As for rent increases, depending on the amount you should be flexible, if you've been there for years with no increase, count yourself lucky, and see what kind of rent he wants now.

This person who lives there, unless they are named on your tenancy agreement, you should question the validity of their enquires and their representation of the interests of the landlord. Certainly they have no rights to enter your property etc, dont be intimidated.