Rent Increase

AdrianC

wildg wrote: »

And the landlord is contractually prevented from increasing it any more than this amount? Because he's probably going to tell me that he wants to add on another £50 a month or something because he hasn't increased it in the 5.5 years I've been here.

Mildly iffy wording aside, yes, he can - see post 5.

Your clause 1.1 says he can't increase the rent more often than once a year.
Your clause 1.2 and 1.3 says the date for an increase can't be less than a year since the last increase or the start of the tenancy.
Your clause 1.4 says the increase can't be more than RPI. The "two months before" is because the RPI is published "late" - the March 2015 figure is the most recently announced today, 14th May.
Your clause 1.5 says that if he hasn't applied the increase one year, that doesn't stop him from doing it in the future.
Your clause 1.6 says that, if he hasn't applied the increase one year, he can increase it in the future to RPI since it was last increased - in your case, since you moved in.

AdrianC

dodger1 wrote: »

The LL can increase the rent to whatever they wish

No, he can't. The contract explicitly limits rises to RPI.

dodger1

AdrianC wrote: »

No, he can't. The contract explicitly limits rises to RPI.

Actually he can ask for whatever he wants regardless of the contract, the tenant can then agree or disagree and if the tenant is out of a fixed term as here the LL can start eviction if he so wishes.

wildg

OK. Thank you. I see it's confirmed here as well on the Shelter site:

"You have a periodic tenancy if you don't have a fixed-term contract, or it has ended.

Many periodic tenants don't have much protection from eviction if they don't want to pay more rent, particularly assured shorthold tenants, lodgers and people with a resident landlord.

You have more protection from eviction and may be able to challenge a proposed rent increase if you have either:

a regulated tenancy (a pre-15 January 1989 tenancy type) or
an assured tenancy (a post 15 January 1989 tenancy type)"

The problem is that market rent for where I live is at least another £400pcm. I can only hope that when we chat about this that he will not add on too much. He is a very reasonable landlord, so I'm hoping to reach an amicable agreement. I was just hoping that he was prevented from increasing more than a couple of £ per month as per the AST contract!

AdrianC

wildg wrote: »

I was just hoping that he was prevented from increasing more than a couple of £ per month as per the AST contract!

The contract prevents him from raising it by more than a few quid a year.

You just could be playing catch-up with all the raises you haven't had over the years.

Even if it is raised from £500 to £570 <say>, that's still over £300 below market rent, right?

G_M

Sorry for the erroneous maths advice above....

:whistle:

jjlandlord

AdrianC wrote: »

Your clause 1.6 says that, if he hasn't applied the increase one year, he can increase it in the future to RPI since it was last increased - in your case, since you moved in.

It says since the last increase, which never occurred.

In any case s.13 lurks in the shadows...