Rent increase against letter saying no increase

gozaimasu

I was in a similar position in a rental 10 years ago which I referred to the rent assessment committee (RAC) to give me time as I was planning to leave. When I was ready to go, I served my month’s notice and told the RAC that it was no longer required. When the landlord said they were increasing the rent, I didn’t pay the increased amount and then when they queried it, I said I was still waiting for the S13 in the post, which they then served. I think I vaguely remember asking the LL if they wanted to serve me S21 to leave but they refused!

steampowered

The first step should be to read your lease to see what it says about rent reviews.

Personally I'd just tell the landlord their offer to increase the rent is not accepted, and you'll be staying in the property at the current rent until you have found a new place. But it's always worth checking the process properly so that you know what you are talking about  first.

Snookie12cat

canaldumidi said:

Snookie12cat said:

Yes, your landlord can increase the rent if in periodic. He has now said you can stay so he's renegotiating the terms.

He must give you one month minimum notice of rent increase in form of section 13 notice. 
When is your next rent due? I suggest you pay it and then inform him of the above as he needs to issue the section 13 in line with your rent due date. If he misses that date for November/December then he will need to increase it from the month later. 

S13 is not applicable if the original tenancy agreement laid out terms for rent increases.OP has not yet clarified.

As for advising the LL to issue a S13, why on earth? All that (might) do is facilitate the increase which the OP is trying to avoid!

If it's a periodic AST then section 13 is now rent increases are done. 
I only say to mention it as he's going to wonder why the rent increase isn't paid in December and explaining the incorrect notice has been served would explain that? 

Then it can go to rent review and possibly delay it more.

Slithery

Snookie12cat said:

canaldumidi said:

Snookie12cat said:

Yes, your landlord can increase the rent if in periodic. He has now said you can stay so he's renegotiating the terms.

He must give you one month minimum notice of rent increase in form of section 13 notice. 
When is your next rent due? I suggest you pay it and then inform him of the above as he needs to issue the section 13 in line with your rent due date. If he misses that date for November/December then he will need to increase it from the month later. 

S13 is not applicable if the original tenancy agreement laid out terms for rent increases.OP has not yet clarified.

As for advising the LL to issue a S13, why on earth? All that (might) do is facilitate the increase which the OP is trying to avoid!

If it's a periodic AST then section 13 is now rent increases are done.

Only if the tenancy agreement doesn't mention any other method of rent increase. If it does then a S13 isn't needed.

canaldumidi

Snookie12cat said:

canaldumidi said:

Snookie12cat said:

Yes, your landlord can increase the rent if in periodic. He has now said you can stay so he's renegotiating the terms.

He must give you one month minimum notice of rent increase in form of section 13 notice. 
When is your next rent due? I suggest you pay it and then inform him of the above as he needs to issue the section 13 in line with your rent due date. If he misses that date for November/December then he will need to increase it from the month later. 

S13 is not applicable if the original tenancy agreement laid out terms for rent increases.OP has not yet clarified.

As for advising the LL to issue a S13, why on earth? All that (might) do is facilitate the increase which the OP is trying to avoid!

If it's a periodic AST then section 13 is now rent increases are done. 

I assume you mean "...how rent increases are done". If so, you are in error.

Please refer to Form 4, the form to use to serve a S13 Notice.

In particular, note guidance note 9:

Guidance notes for landlords on how to complete the notice

9. Do not use this notice if the tenancy agreement contains a term allowing rent increases, or there is some other basis such as a separate agreement with the tenant for raising the rent. Any provision you rely on needs to be binding on the tenant. Legal advice should be sought if there is any doubt on this score.

macman

Jessiecacar said:

So the letter they gave me giving me 6 months notice to leave is a gift?

I am on a month rolling tenancy, I appreciate that they can increase my rent I just didn’t know if they could seeing as they already issued me my notice and an agreement to keep the rent at £600per month until February 2022.

obviously I am not going to accept the rent increase and will argue this but I am currently not able to tell them I have found alternative accommodation or am planning on leaving until I am further forward with my house purchase,

thanks 

A 'letter' is in no way legal notice to quit. Only by serving an S21 does it have any legal substance. You can simply ignore it, if you wish to.

Robbo66

Snookie12cat said:

canaldumidi said:

Snookie12cat said:

Yes, your landlord can increase the rent if in periodic. He has now said you can stay so he's renegotiating the terms.

He must give you one month minimum notice of rent increase in form of section 13 notice. 
When is your next rent due? I suggest you pay it and then inform him of the above as he needs to issue the section 13 in line with your rent due date. If he misses that date for November/December then he will need to increase it from the month later. 

S13 is not applicable if the original tenancy agreement laid out terms for rent increases.OP has not yet clarified.

As for advising the LL to issue a S13, why on earth? All that (might) do is facilitate the increase which the OP is trying to avoid!

If it's a periodic AST then section 13 is now rent increases are done. 
I only say to mention it as he's going to wonder why the rent increase isn't paid in December and explaining the incorrect notice has been served would explain that? 

Then it can go to rent review and possibly delay it more.

This is the second time you have said this in the thread, this in incorrect, it all depends on what is stated in the AST as to whether a Section 13 is required. If the AST has a clause re rent increases then a Sec 13 in NOT required but if the AST is silent on rent increases then a Sec 13 should be given.

If you are going to give advice then at least make sure it is correct advice

Jumblebumble

saajan_12 said:

Jessiecacar said:

Hi, I am just after some advice before I challenge my landlord.

In august my landlord put a letter through my letterbox saying that they were selling the house and I had 6 months to leave. During this period until 22nd February 2022 my rent would be maintained at £600per month,

Last night I received a text from my landlord saying that they are now not selling and will be increasing my rent at Christmas to £750 per month.
Can they do this if they have put in writing that they are not increasing the rent?

Thanks 😊 

What did you give up in return for fixing the rent? If that formed a contract, then both sides have to give something up ("consideration"), otherwise they have a right to serve notice and guarantee nothing about rent. 

If you didn't give anything up, then the letter was just a gift / info only, not a contract, so they can change their mind. 

How are they increasing the rent - if they're just asking for it then you can decline until they serve a Section 13 notice. At that point, you can agree / negotiate / refer to tribunal, who would decide if the £750 was in line with the market rent. 

Why should the OP be giving up anything in return for fixing the rent ?
The landlord has made an offer conditional on the OP leaving without fuss in February 2022 and the OP has accepted their kind offer .
It is unreasonable for the Landlord to break that agreement and I would be telling the Landlord to go whistle

canaldumidi

Jumblebumble said:

saajan_12 said:

Jessiecacar said:

Hi, I am just after some advice before I challenge my landlord.

In august my landlord put a letter through my letterbox saying that they were selling the house and I had 6 months to leave. During this period until 22nd February 2022 my rent would be maintained at £600per month,

Last night I received a text from my landlord saying that they are now not selling and will be increasing my rent at Christmas to £750 per month.
Can they do this if they have put in writing that they are not increasing the rent?

Thanks 😊 

What did you give up in return for fixing the rent? If that formed a contract, then both sides have to give something up ("consideration"), otherwise they have a right to serve notice and guarantee nothing about rent. 

If you didn't give anything up, then the letter was just a gift / info only, not a contract, so they can change their mind. 

How are they increasing the rent - if they're just asking for it then you can decline until they serve a Section 13 notice. At that point, you can agree / negotiate / refer to tribunal, who would decide if the £750 was in line with the market rent. 

Why should the OP be giving up anything in return for fixing the rent ?
The landlord has made an offer conditional on the OP leaving without fuss in February 2022 and the OP has accepted their kind offer .
It is unreasonable for the Landlord to break that agreement and I would be telling the Landlord to go whistle

and yet the OP also said "So yes I plan on leaving before February". What is source for the goose is.......

Either

a) the agreement for the LL to fix the rent and theT toleave in Feb is contractual, in which case they must both abode by that contract, or

b) it is not contractual in that the T is not actually 'giving' the LL anything, in which case both are legally (perhaps not morally) free to ignore it.

saajan_12

Jumblebumble said:

saajan_12 said:

Jessiecacar said:

Hi, I am just after some advice before I challenge my landlord.

In august my landlord put a letter through my letterbox saying that they were selling the house and I had 6 months to leave. During this period until 22nd February 2022 my rent would be maintained at £600per month,

Last night I received a text from my landlord saying that they are now not selling and will be increasing my rent at Christmas to £750 per month.
Can they do this if they have put in writing that they are not increasing the rent?

Thanks 😊 

What did you give up in return for fixing the rent? If that formed a contract, then both sides have to give something up ("consideration"), otherwise they have a right to serve notice and guarantee nothing about rent. 

If you didn't give anything up, then the letter was just a gift / info only, not a contract, so they can change their mind. 

How are they increasing the rent - if they're just asking for it then you can decline until they serve a Section 13 notice. At that point, you can agree / negotiate / refer to tribunal, who would decide if the £750 was in line with the market rent. 

Why should the OP be giving up anything in return for fixing the rent ? - because then it forms an actual contract. Otherwise why should the LL agree to fix the rent? 
The landlord has made an offer conditional on the OP leaving without fuss in February 2022 and the OP has accepted their kind offer .
It is unreasonable for the Landlord to break that agreement and I would be telling the Landlord to go whistle

The LL stated their intention to sell the house in 6 months, but its not clear from the OP that they actually agreed to leave without court. Indeed, the LL already has the right to give notice, so the only thing the OP would be giving up would be the right to stay until evicted by a court, which they alwyas have, and there's no other way the LL can enforce otherwise. 

So we're left with LL agreeing to keep rent fixed in return for an intention to sell (not even notice as its not in the correct form) which they have a right to do anyway. I can't see how that forms a contract which OP can hold the LL to.