Negotiating rent increase

propertyrental

Mimi123456 said:

propertyrental said:

How does your rent compare locally? Gather some examples and if the new proposed rent is higher, show the agent.
Can you negotiate with the LL as opposed to the agent? Agents don't care if you leave - they get more fees from the LL for finding a replacement.
But the LL won't want you to leave as that costs him money!

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Unfortunately I don’t have access to the LL. because the agency are managing property on their behalf the contact details on my contract are those of the letting agency. Only know their name.

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Landlord & Tenant Act 1985 S1

1   Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

Mimi123456

macman said:

You simply respond in writing saying that you are happy to go onto a periodic tenancy and don't wish to contract to a new fixed term.. Ignore any subsequent calls. They can't 'make you leave'. If the LL wishes to pursue it then they would have to issue an S21. Evicting you will take months and cost them for re-marketing and a void period.

Can they enact the break clause in case they don’t feel like letting it run into the periodic tenancy? We had a break clause with 2 month notice in the contract.

the LL is an overseas investor btw just confirmed it on LR so guess the agency has all the power here and I can’t appeal directly to the LL. 

Mimi123456

Any other tips how to respond to their letter?
From agency perspective what could make them budge on the price?

What would be a reasonable increase? Is January normally quiet in terms of rental advertisements and will I have a better chance of more comparable flats?

macman

Mimi123456 said:

macman said:

You simply respond in writing saying that you are happy to go onto a periodic tenancy and don't wish to contract to a new fixed term.. Ignore any subsequent calls. They can't 'make you leave'. If the LL wishes to pursue it then they would have to issue an S21. Evicting you will take months and cost them for re-marketing and a void period.

Can they enact the break clause in case they don’t feel like letting it run into the periodic tenancy? We had a break clause with 2 month notice in the contract.

the LL is an overseas investor btw just confirmed it on LR so guess the agency has all the power here and I can’t appeal directly to the LL. 

Yes, you can. The LA will most likely not have total discretion. If you simply say you will go periodic, then if they don't like this they can only issue an S21. I doubt they have the authority to do that without LL input. No sane LL seeks to evict a reliable tenant.
You do not have to do anything, the ball is in their court if you reject a new fixed term.
Break clause: impossible to say unless you post the exact wording.

propertyrental

Mimi123456 said:

macman said:

You simply respond in writing saying that you are happy to go onto a periodic tenancy and don't wish to contract to a new fixed term.. Ignore any subsequent calls. They can't 'make you leave'. If the LL wishes to pursue it then they would have to issue an S21. Evicting you will take months and cost them for re-marketing and a void period.

Can they enact the break clause in case they don’t feel like letting it run into the periodic tenancy? We had a break clause with 2 month notice in the contract.

Why would they need to use a 2 month break clause if, as you say;

My rental contract is coming to end end in 2.5months

Either way they have to serve a S21,

RAS

And for the avoidance of doubt, an S21 does not end the tenancy. That can only be ended by the tenant (you) or by the courts.

Now read your tenancy agreement and find out if it says anything about terminating the periodic tenancy? If it does, quote the section here. If not, it will be a statutory periodic tenancy.

Mimi123456

RAS said:

And for the avoidance of doubt, an S21 does not end the tenancy. That can only be ended by the tenant (you) or by the courts.

Now read your tenancy agreement and find out if it says anything about terminating the periodic tenancy? If it does, quote the section here. If not, it will be a statutory periodic tenancy.

Thank you for your reply RAS.

here is the extract:

The Term:

The Tenancy shall be for a period of 12 Months to start on and include the XX 2022 and to end on and include XX 2023 but subject to break clause in Special Tenancy Conditions, and thereafter from Rental Period to Rental Period.

("the Term")

The Rental Period:

Every month commencing on the first day of the Term stated above.

("the Rental Period")

Break Clause:

Should either party wish to terminate the Tenancy, it is agreed that a minimum of 2 months advance written notice must be served on the other party and the tenancy must not expire within the first 6 months of the tenancy commencement date

Mimi123456

Quick follow up Q.

With this formulation in the contract is it both parties that can end tenancy after a month once the fixed term passes? Rental period is 1 month in this case.

The Tenancy shall be for a period of 12 Months to start on and include the XX 2022 and to end on and include XX 2023 but subject to break clause in Special Tenancy Conditions, and thereafter from Rental Period to Rental Period.

Thank you