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Landlord selling house & increasing rent?!

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Hi,

My contract runs out the end of the month and the landlord hasn't asked if we are staying and we haven't said we are leaving and he hasn't given us notice to vacate,

He has however said that he is increasing the rent by £100pcm but has not mentioned a new contract, if he was increasing it would we have to sign a new tenancy agreement? Can you increase rent on a rolling contract?

He has also put the house up for sale, and no where does it state that the property has tenants so I'm presuming he's selling it as vacant possession.

I'm not really sure what I'm asking as I'm not sure where I stand on rent increase and the house being for sale, what if the house sells before we're evicted? :think:
:(:( Was In Debt:(:(
:T:TBut Now I'm Not :T:T
:j:jNow To Get Some Savings!! :j:j
:beer:
«1

Comments

  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    What does your contract say about rent increases ? How long have you lived there ? Ie 6 months, 12 months etc.
    In short, if the house sells and you haven't been given proper notice and left, then the new owners become your new landlords.
  • If the house is sold before you're evicted the problem is the buyers, not yours. You become tenants of the new owners and they have to follow legal eviction procedures.

    Does your tenancy agreement mention anything to do with rent increases? If not and you think the rent increase is unreasonable you can appeal.

    https://www.gov.uk/private-renting/rent-increases
  • zaax
    zaax Posts: 1,914 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The property will be very difficult to sell with a sitting tenent

    Rents is useally the same cost as buying are your able to put down a offer for the house?
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    zaax wrote: »
    The property will be very difficult to sell with a sitting tenent

    Rents is useally the same cost as buying are your able to put down a offer for the house?

    You really have no clue on either point.
    Well life is harsh, hug me don't reject me.
  • gordonbennet
    gordonbennet Posts: 229 Forumite
    Eighth Anniversary
    edited 24 February 2014 at 5:15PM
    Yes the landlord can request to put up the rent during a rolling contract (SPT). You do not have to agree to that increase, though obviously there is a risk that the LL will consider giving you notice if you don't.

    Under the circumstances though it is likely the LL will be keen to hold onto you for a while until it looks like the house has sold, at which point he will possibly give you notice. I think you are probably in a strong position to negotiate no increase as he is unlikely to be able (or want) to find new people.

    Has he ever issued you with a s21 notice? Some landlords do this at the beginning of a tenancy allowing them to begin possession proceedings as soon as the Fixed term is over. If he didn't, he will need to give you 2 months notice and even then you won't have to leave until a court awards him possession.
    I'm not a lawyer, so this is just my opinion. Don't go acting on legal advice you get from a stranger on the internet!
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Ring shelter.

    There is a process to follow for upping rent.

    And if he wants you out he can issue you paperwork but you don't have to go until you are told to by a court.

    You don't have to allow viewings.

    What you decide to do depends on whether it's just less effort biting the bullet and moving ASAP rather than getting stressed by it.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Yes the landlord can request to put up the rent during a rolling contract (SPT). You do not have to agree to that increase, though obviously there is a risk that the LL will consider giving you notice if you don't.

    That's incorrect.
    If landlord follows correct procedure (s.13 notice), the new rent will be binding unless the tenant successfully appeal within a prescribed time frame.
  • Our current tenancy agreement doesn't say anything about rent increases.

    He hasn't told us its up for sale, he had an estate agent come round to value it the other week but Ive seen it on the agents website!!!

    :(:( Was In Debt:(:(
    :T:TBut Now I'm Not :T:T
    :j:jNow To Get Some Savings!! :j:j
    :beer:
  • RAS
    RAS Posts: 35,722 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does the estate agent's details mention vacant possession or indicate that the property is being sold tenanted?
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,722 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sounds like the LL hopes to keep you there as long as the property is on the market and then give you notice to leave (S21) as soon as he accepts an offer.

    You do understand that:

    1. You are not obliged to let the estate agent in with viewers at all; they had no abslute right to come round and price up the property? Not even after you have been given an S21.

    2. Even when you get the S21 you can stay after the end date?

    3. That the LL cannot raise the rent without giving proper notice and if you refuse, he can give you notice to leave. He cannot firce you to pay higher rent.

    Have you changed the locks on the doors since you moved in?
    If you've have not made a mistake, you've made nothing
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