Renewing old rental contract which predates DPS

elljay

I would be grateful if someone could clarify my understanding.

I've rented my home for 17 years and in that time had one early rent increase - so it predates deposit protection scheme. Some maintenance has been done but to a very poor standard by the landlord and his family contractors but I've probably had a handful of visits in all that time - fine by me actually - and everything else I've done myself in that time (kitchen units, flooring etc etc) It's an unfurnished ex-estate cottage in a backwoods, very rural and lovely area and I'm happy here, I couldn't afford anything remotely like it otherwise.

Some maintenance issues, like boiler, windows, other heating things now need attending to which is stuff that I feel the landlord should deal with, despite the relatively cheap rent. I've written (yep, paper, pen and stamp) to let him know, several times, then he said he'd arrange for this work to be done. Several more letters, promises never kept and so on over the past couple of years, have at long last produced an appointment that now looks definite.

I'll get the coffee and cake out, naturally, but still intend to be business-like about it all. From his hints, I think he will say he wants to increase the rent. Not unreasonable if he fixes stuff, I can afford to pay it. My understanding however is that he will need to set up a new contract and protect my deposit to increase the rent. Is this right? He won't want to do that as he hates anything official and prefers to keep everything under the radar - he and his wife are elderly, very 'country-types' and have probably always worked the cash economy, as others around here do too.

After this war and peace epistle, (sorry) if he raises the rent but doesn't now protect my deposit (I have the receipt from all those years ago) am I at any risk myself legally? Or can he still increase the rent without a new contract so no need to protect deposit? I'm thinking there's a way of playing this to avoid an increase, on the other hand I don't mind a reasonable increase nor do I want to be unfair to him if he does actually fix things.

Thanks for any guidance.

EJ

Comms69

Im pretty sure there's some confusion.


The requirement to protect the deposit applies to all ASTs; whether originally predating or not. This was not the case when deposit schemes were announced, but subsequently there's been several amendments.


The rent increase can just be an agreement between yourselves and is effective once you start paying the increased rent

elljay

Ah, thank you for helping me to unpick it. I would want something in writing re the new rent amount - would that not constitute a new contract in the same way a contract would exist when I start to pay it?

I've also read that any still-current contract from before 2007 doesn't need to have deposit protection. I knew I must've misunderstood somewhere!

Thanks again

EJ

Comms69

elljay wrote: »

Ah, thank you for helping me to unpick it. I would want something in writing re the new rent amount - would that not constitute a new contract in the same way a contract would exist when I start to pay it?

I've also read that any still-current contract from before 2007 doesn't need to have deposit protection. I knew I must've misunderstood somewhere!

Thanks again

EJ

I'll double check (as I say it's all changed several times), maybe I'm wrong.


But regardless; a rent increase can happen either by notice; or by agreement.


Given the issues, would you want to stay long term anyway?

Wanderingpomm

Protecting your deposit depends upon what kind of tenancy you have.
If you had a fixed term before 2007 that rolled onto a periodic tenancy also before 2007 then the deposit does actually not need to be protected. If the tenancy rolled over into periodic after 2007 it is considered a new tenancy and does need to be protected.

Saying that if it’s not protected then he can’t issue an S21 so it might not be such a bad thing.

The question will be if raising the rent constitutes a new tenancy or if there is a clause in the current agreement that allows it. My current tenancy agreement for instance allows a 5% rise per year and so a new tenancy would not be required.

Pixie5740

There's a section about Rent Increases in the Tenancies in Eng/Wales: Guides for Landlords and Tenants sticky at the top of the board. It explains how and when rent can be increased. it also has a section about Deposits you should read.

[Deleted User]

Comms69 wrote: »

I'll double check (as I say it's all changed several times), maybe I'm wrong.


But regardless; a rent increase can happen either by notice; or by agreement.


Given the issues, would you want to stay long term anyway?

I think the OP has clearly stated he would like to stay.

G_M

Wanderingpomm wrote: »

Protecting your deposit depends upon what kind of tenancy you have.
If you had a fixed term before 2007 that rolled onto a periodic tenancy also before 2007 then the deposit does actually not need to be protected. If the tenancy rolled over into periodic after 2007 it is considered a new tenancy and does need to be protected.
correct

Saying that if it’s not protected then he can’t issue an S21 so it might not be such a bad thing.
correct

The question will be if raising the rent constitutes a new tenancy or if there is a clause in the current agreement that allows it. My current tenancy agreement for instance allows a 5% rise per year and so a new tenancy would not be required.

Spot on.

Even if there is no rent adjustment clause in the existing tenancy agreement, I don't believe a simple agreement to amend the rent, with no other change, would create a new tenancy. It would be an alteration to the existing agreement.

Of course, if at the same time wording was introduced to the effect that this would apply from xx/xx/2018 for a period of 12 months, that would suggest a new fixed term contract was being created, requiring any deposit to be protected.

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?

silvercar

Presumably your tenancy also pre dates the requirement for an EPC.

I wonder whether the requirement for all rental properties to have a rating of E or above from April 2020 is effected if there is no obligation to have an EPC.

https://www.gov.uk/government/publications/the-private-rented-property-minimum-standard-landlord-guidance-documents

G_M

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/749021/Domestic_Private_Rented_Landlord_Guidance_-_June_18.pdf

The minimum standard will apply to any
domestic privately rented property which is legally
required to have an EPC and which is
let on certain tenancy types. Where these two conditions are met
the landlord must ensure that the standard is met (or exceeded);