LA asking for more money.

Mojisola

My son and his flatmate rent a two-bed flat in Aberdeen.

He would like to move his girlfriend in and notified the Letting Agent about their plans. The LA wants to him to pay an extra £50 a month to cover ‘extra wear and tear’.

Is the LA allowed to put up the rent in these circumstances?

Rents in Aberdeen aren’t increasing because of the problems in the oil industry. He’s concerned that if he paid the extra while she was there, the LA wouldn’t drop the rent back if she has to move out (she may have to move because of changes at work).

jbainbridge

Why did they tell the LA?

Mojisola

jbainbridge wrote: »

Why did they tell the LA?

Because they wanted to be honest and do everything above board.

Pixie5740

My advice is based on the assumption that your son has a Short Assured Tenancy.

If he is in a fixed term then the landlord cannot increase the rent (remember that in Scotland tenancies don't necessarily become periodic at the end of the fixed term like they do in England in Wales). The only exceptions to this are the tenant agreeing to an accepting the rent increase or if there is a clause in the tenancy agreement saying the rent can be increased during the fixed term.

Mojisola

Pixie5740 wrote: »

My advice is based on the assumption that your son has a Short Assured Tenancy.

I'll get him to check his paperwork - probably won't be able to do it til tonight so I'll confirm later.

Pixie5740

If he was given an AT5 form before the tenancy started (so probably when he was in signing documents and handing over money) then he still have a Short Assured Tenancy.

If he wasn't given one then he'll be an Assured Tenant.

Pixie5740

I'll just add that the HMO situation could get a bit sticky. In Scotland an HMO is a property shared by 3 or more tenants who aren't members of the same family. Whether or not boyfriend and girlfriend count as a family I am unsure.

Mojisola

Pixie5740 wrote: »

In Scotland an HMO is a property shared by 3 or more tenants who aren't members of the same family. Whether or not boyfriend and girlfriend count as a family I am unsure.

This seems to be alright -

http://www.legislation.gov.uk/ssi/2000/177/article/2/made
2 (5) For purposes of this Order, a person is a member of the same family as another person if–
(a)those persons are married to each other or live together as a couple;

Mojisola

It is a Short Assured Tenancy but there is this clause -

"The Tenant shall not assign, sub-let or part with the accommodation nor take in any lodgers or paying guest without the prior written consent of the landlord. Consent may be withdrawn for reasonable grounds and upon reasonable notice being given by the Landlord to the Tenant. The Tenant shall not allow other persons to share the occupation of the premises, whether or not for payments, without the prior written consent of the Landlord."

mrginge

Stuffed then.

[Deleted User]

As I read it, the clause says the LL must be informed if someone moves in, or the property is sublet.., its does NOT say the LL can change the rent. It just says the LL's consent is needed.

Although of course, the LL could refuse consent because he wants to increase the rent, which won't help the tenant.