Assured Tenant (not short) Rent Increase Notice

lmackreath

I am really really hoping someone can help me on here!

I rented out a property to a friend to our flat in edninbugh in 2011. To be clear from the outset, the agreement does not state the period of the tennacy, the box was left blank so I have gathered this means our tenant is in a assured tennancy agreement. We now wish to sell the flat but under this old agreement that is not grounds for eviction. We have served a notice to quit, and now have served at AT2 form to increase the rent on the property. We have given 1 months notice for the rent increase.

The person renting out the flat has now had some legal advise and we have receieved a letter stating that our rent increase is not lawful. they state this is because the AT2 form clearly states "where the assured tennancy is for 6 months or more then a period of notice of six months if required before an increase in rent can take place"

My question is is this advise correct? if there was no term specificed on the agreeement originally then what is the current period of the tennacy? is it now 6 months? 12 months or rolling month by month? Also now that we have served a notice to quit does this not change the tennacy to a "statutory assured tennacy" and again mean we now are on a rolling month agreement?

in summary we need to clarify if the AT2 still stands and the rent increase is due by the start of next month or are we wrong and we should have given 6 months notice before we could increased the rent?

any help would be much appreciated!!

AnotherJoe

I rented a property out to a friend

No good deed goes unpunished.

You need to get a solicitor involved instead of fannying around in this amateur way.

lmackreath

i have a solictor involved but i seem to be stuggling to get a straight answer to this..

my solicitor was the one that sent out the at2 form requesting the increase - hence the reason i was suprised when we receieved a letter back saying we couldnt do this without giving 6 months notice

obviously i assume the solictors would know the law - hence me being on here to see if anyone can actually provide me with a correct answer or advise

AnotherJoe

Well, it would certainly have helped to mention that upfront . So, I apologise but only half-heartedly .
Perhaps you need a better solicitor? Or maybe your need to start issuing legal proceedings and take it to court to decide ?

letitbe90

I can only offer my condolences, this will be a long nightmare to get rid of your friend. Your best bet is to find some mutual agreement even if it means giving him some money (read bribe).

lmackreath

we tried the 'being nice' route but that didnt work. sadly for us our friend gets to live in our beautiful flat pretty much free as they are getting the money through the housing association.

because they have been renting at 'mates rates' for the past 8 years they have no chance of finding a comparable property and therefore are not willing to leave unless we can legally get them out. because me wanting my house back is not reason enough for eviction we are going down the 'rent arrears' route - knowing that they will not be able to afford the rent increase at the market rate as its around £300 more a month than they pay now!

HampshireH

Does your tenancy allow you to raise the rent by £300 a month? Thats a huge increase.

lmackreath

its market rate for the flat in that area - that shows how low the rent has been for 7 years with no increases in that time..hence the reason why the tenant doesnt want to move out...and how they have afforded to live their through the housing association also...

HampshireH

Oh I don't doubt that but most tenancy agreements specify how much rent can be increased by. What does yours say?

It also should be fair and reasonable. Your tenant could argue it neither fair nor reasonable if you have never provided any adequate clauses in the contract regarding rent increase or you deemed the arrangement of X below market value to be suitable whilst it benefited you. Now you don't want them there they no longer benefit you and therefore your increase if neither fair nor reasonable.

Just something to consider

lmackreath

hi - nothing in the agreement - it just says the rent can only be increased once a year - nothing more nothing less.

in terms of 'fair and reasonable' - if i am honest they are getting the money from the housing association anyway - i dont deem it fair and/or reasonable that someone who chooses to work 16 hours a week can live in and afford a listed building within edinburgh. this way if the rent goes up and they cannot afford it then they will be rehoused to somehwere they can.

HampshireH

You may not but there is legislation in place to protect people.

Those on benefits ..... which I am assuming you are suggesting are afforded any less protection than those who work. Except perhaps the inability to afford legal representation

You have enabled the behaviour you now complain about.

My point was be careful and do it by the book because if they are switched on enough.... which it sounds like they are. They can appeal and may win.

It isn't their fault you gave an open ended tenancy agreement without tight conditions. Of course someone is going to fight to keep their home on such generous terms.