Rent increase and notice period

akinwith

Hello everyone.
This is my situation.
I have been looking to rent a house for about 6 months now instead of renting a flat that I am in now.


The facts:
1. I have a contract for fixed term (already passed some time ago) so now I am on periodic tenancy but I am not sure whether it is statuatory or contractual. My agreement states (in End of tenancy section): "If notice is not received then the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis."
2. My notice period is 2 months (it used to be 2 months for fixed term as well). I asked for it to be reduced to 1 month but landlord did not approve so I didn't give in my notice.
3. I had a call and an email from the agent about landlord wanting me to go on a 6 month contract at increased rent (£50) from 23/12/2019 (23rd is the date on my current contract).
4. There is no rent increase clause in the current tenancy agreement and there has been no increase since I started my tenancy a couple of years ago.



I do not plan on renewing a fixed contract so I will be looking for a house instead. While £50 is not a large amount, I do not wish to pay this even for a month considering the fact I had my mind set on leaving the flat to move into a house anyway.


So, my questions:
1. As I don't know if I have an SPT or a CPT, do I need to get S13a month before proposed increase? If I do need to get it and I don't receive it by 23/11/2019, can I just give in my 2 months' notice and pay my current rent amount for the last 2 months?
2. Is there a way for me to reduce the notice period to 1 month taking into account the proposed rent increase? As mentioned above, several months ago, the landlord did refuse reducing 2 months notice to 1 month.

G_M

akinwith wrote: »

The facts:
1. I have a contract for fixed term (already passed some time ago) so now I am on periodic tenancy but I am not sure whether it is statuatory or contractual. My agreement states (in End of tenancy section): "If notice is not received then the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis."
2. My notice period is 2 months (it used to be 2 months for fixed term as well). I asked for it to be reduced to 1 month but landlord did not approve so I didn't give in my notice.
3. I had a call and an email from the agent about landlord wanting me to go on a 6 month contract at increased rent (£50) from 23/12/2019 (23rd is the date on my current contract).
4. There is not rent increase clause in the current tenancy agreement and there has been no increase since I started my tenancy a couple of years ago.

1) I suspect that 'agreement' constitutes creation of a CPT following the fixed term
2) the negotiation of a notice period suggests the same
3) which you can agree or decline
4) OK

So, my questions:
1. As I don't know if I have an SPT or a CPT, do I need to get S13a month before proposed increase? If I do need to get it and I don't receive it by 23/11/2019, can I just give in my 2 months' notice and pay my current rent amount for the last 2 months?
2. Is there a way for me to reduce the notice period to 1 month taking into account the proposed rent increase? As mentioned above, several months ago, the landlord did refuse reducing 2 months notice to 1 month.

1) CPT (as above). As no clause in the contract, S13 is required. A full tenancy period must pass from receipt till rent increase can be implemented.

2) Yes, by mutual agreement


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

akinwith

Thank you for your answer.
I was told in the email to let them know by 25/11/2019 what my decision is so I presume I will not get an S13 by 23/11.
This means that I may as well give in my 2 month's notice and still pay my current rent amount for the last 2 months. Is that correct?


There is no mention of rent increase but there is a rent amount for the agreement, the price that I currently pay. This does not mean that there is a rent amount change clause, right?

G_M

akinwith wrote: »

Thank you for your answer.
I was told in the email to let them know by 25/11/2019 what my decision is so I presume I will not get an S13 by 23/11. Presumably, but time will tell.
This means that I may as well give in my 2 month's notice and still pay my current rent amount for the last 2 months. Is that correct?
Your tenancy periods appear to run from 23rd to 22nd.

Is your notice period 2 calender months? Or 2 months ending with a period? Or not specified? I shallassume it must align with periods, so....

If you serve notice on before 22nd (tomorrow) your notice will expire on 22nd Jan.
If you receive a S13 on/before 22 November, the new rent will apply from 23 Dec.


There is no mention of rent increase but there is a rent amount for the agreement, the price that I currently pay. This does not mean that there is a rent amount change clause, right?

Right....................................................

akinwith

I agree, it is the 22nd not the 23rd.
I guess I will send an email tomorrow then.


It is not specified, it just says to let them know 2 months prior to intention to vacate a property.


Thanks.

G_M

akinwith wrote: »

I agree, it is the 22nd not the 23rd.
I guess I will send an email tomorrow then.

Thanks.

Does your tenancy agreement specifically state that email is an acceptable means of serving notices on the landlord?

If not, you must either hand deliver to the address provided, or post 1st class 2 days in advance.


ps - don't 'guess'!

akinwith

Good thinking. No mention of email.
I will have to hand deliver it tomorrow then.