Letting agency impatience over rent increase

deannagone

Can you contact the LL themselves, suggesting you are already paying the market rate and the proposed 25% increase will raise your rent way above that?  Say you would like to stay there but the LA are making that difficult.

GrumpyDil

Also bear in mind you don't have to move out when your initial tenancy ends.  If you stay one minute after the end date then it switches to a statutory or contractual periodic tenancy. 

The landlord would then have to serve a S21 notice giving 2 months notice and if you still don't move out go through the courts for a possession order. I'm not suggesting you make life difficult but rather pointing out the cards are not all in the landlord's hands.

Also you do not have to agree to a further 12 month contract unless that is what you want. 

Mimi123456

deannagone said:

Can you contact the LL themselves, suggesting you are already paying the market rate and the proposed 25% increase will raise your rent way above that?  Say you would like to stay there but the LA are making that difficult.

Unfortunately I don’t have access to the LL. they are an overseas investor and the agency are managing the property. I guess they have the upper hand here in terms of they can make LL believe they can easily get that price. Or the LL might not even be aware and they are just chancing it to get higher fees

Mimi123456

GrumpyDil said:

Also bear in mind you don't have to move out when your initial tenancy ends.  If you stay one minute after the end date then it switches to a statutory or contractual periodic tenancy. 

The landlord would then have to serve a S21 notice giving 2 months notice and if you still don't move out go through the courts for a possession order. I'm not suggesting you make life difficult but rather pointing out the cards are not all in the landlord's hands.

Also you do not have to agree to a further 12 month contract unless that is what you want. 

Thank you. Yes will use this option as a last resort. But I guess if they spot an intention to let it run into periodic they could execute the break clause whilst I’m still in the fixed term contract?
to be honest I’ve already conceded I’m facing an unfair hike. In my view I’m already paying fair price. But if it was a hike in line with inflation I could understand it and reluctantly agree. Was hoping to come to a peaceful solution on this one. 

RAS

Mimi123456 said:

I also have a feeling they are pushing me so that talks can break down early and they have two whole months to find someone new and desperate enough to pay what they are asking  
I feel being bullied out of my home

The default situation is that once the fixed term ends, you roll over onto a periodic contract on the same terms and conditions.

This is not you being awkward or bolshie; its the legal situation.

Of course the house selling market has reduced, so the EA want their shiny fees from forcing you to accept a new fixed term contract. They will get a percentage fee from the LL so rent increases are useful.

I'd suggest that you work out how much extra you'd pay next year on the proposed rent. Then work out extra you would rent at market price locally, including moving fees etc? What makes sense?

Just stay quiet re the EA. Aim to roll-over; even if they serve notice you have some months to find somewhere new. And some months before they can issue an S13 and it finds its way to a tribunal. And a similar time to issue a successful S21.

Check your contract; does it specify a notice period during a periodic contract. If not, its statutory. You need to know your obligations.

And start looking for somewhere else gently and sensibly not in a panic.

Also hunt out the inventory, so you know where you need to be when you leave.

propertyrental

Mimi123456 said:

GrumpyDil said:

Also bear in mind you don't have to move out when your initial tenancy ends.  If you stay one minute after the end date then it switches to a statutory or contractual periodic tenancy. 

The landlord would then have to serve a S21 notice giving 2 months notice and if you still don't move out go through the courts for a possession order. I'm not suggesting you make life difficult but rather pointing out the cards are not all in the landlord's hands.

Also you do not have to agree to a further 12 month contract unless that is what you want. 

Thank you. Yes will use this option as a last resort. But I guess if they spot an intention to let it run into periodic they could execute the break clause whilst I’m still in the fixed term contract?
to be honest I’ve already conceded I’m facing an unfair hike. In my view I’m already paying fair price. But if it was a hike in line with inflation I could understand it and reluctantly agree. Was hoping to come to a peaceful solution on this one. 

To implement the Break Clause the LL/agent would still have to serve a S21 Notice with 2 months notice, and then if you did not leave, apply to court.
Since your fixed term expires anyway in 2.5 months there's really very little difference between that and a S21 to expire when the fixed term expires!

Moving to a periodic tenancy following a fixed term is perfectly normal. I don't know the %s, but a considerable proportion of tenancies do this.

No reason you can't simply prevaricate for a few weeks and the go periodic.

If you are already paying market price (or close), then replacing you with a new tenant (which costs the LL money) paying a higher rent will be difficult. Have you identified several similar properties locally being advertised, and shown these, with the rents asked which presumably are similar to yours, to the agent?

macman

Mimi123456 said:

SusieT said:

What does your contract say about raising the rent, and how does the rent in the area for a similar property compare to what you are paying?

The contract doesn’t say anything about the rent increase. It is a 12m contract ending in a couple of months and the LL wants to renew for another term with higher rent. 

It doesn't 'end in a couple of months'. Only the fixed term ends, not the tenancy. If you decline a new fixed term then it automatically goes periodic. If the LL then wants to increase the rent he must serve an S13.
Do you want a new fixed term?
You are not being bullied. You can simply decline to respond until your fixed term ends, when your tenancy continues.

theartfullodger

GrumpyDil said:

Also bear in mind you don't have to move out when your initial tenancy ends.  If you stay one minute after the end date then it switches to a statutory or contractual periodic tenancy. 

The landlord would then have to serve a S21 notice giving 2 months notice and if you still don't move out go through the courts for a possession order. I'm not suggesting you make life difficult but rather pointing out the cards are not all in the landlord's hands.

Also you do not have to agree to a further 12 month contract unless that is what you want. 

Almost agree: Should surely read ""The landlord may (or may not) then serve a S21 notice giving 2 months notice   """

Many many s21 notices, even if served,  are invalid.  Further, even a valid s21 does not end a tenancy nor compel tenant to leave.

Would you need a good reference from landlord and/or agent??

No prudent or sensible landlord would evict a good tenant: But being a landlord does not require being prudent or sensible.

Mimi123456

Thank you everyone for the support and tips. I sent them my best and final reasonable offer.
guess need to start ordering moving boxes on Amazon not sure I have the nerves and energy to take a stand and just keep living there waiting to be served notice

RAS

You would not be taking a stand. Just exercising your legal right.

Yes, you now want to move out, but don't take something rubbish for the sake of staying an extra month or two.