Approval of rent increase

UnsureTenant

I’m a tenant soon coming to the end of a 3 year fixed term tenancy which had no break clause. Now, less than one month until expiry, the LA has first asked me to sign a new tenancy agreement, which I stated I didn’t want to do. I’m actually planning to move out soon but didn’t have it ready in time for the end of the fixed term. 

The LA is now chasing me asking for my “approval” for an approx 10% rent increase.

I would not contest the rent increase, but do they not need to give me formal notice via a section 13, or similar? All I have so far are one line emails or voicemails from the LA. 

Should I just ask them to put it in writing? I think they may be trying to get me to waive the notice period, because they probably should have sorted this out more than a month before the end of the term. Is it as simple as that?

propertyrental

Dos you tenancy agreement say anything about rent increases? Please quote.

A 13 Notice is only applicable to periodic tenancies. You are in a fixed term tenancy.

You need do nothing. On the day of your fixed term expiry, f you do not move out, you will move to a periodic automatically, on the same terms as before. However if your current TA has a rent increase clause, they can use that (you agreed to it!)

If it does not, they can use a S13.

Or you can choose to agree to anything they ask - that's up to mutual agreement.

See also:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: Rent increases: when & how can rent be increased?

theartfullodger

propertyrental said:

..

You need do nothing. On the day of your fixed term expiry, f you do not move out, you will move to a periodic automatically, on the same terms as before. However if your current TA has a rent increase clause, they can use that (you agreed to it!)

If it does not, they can use a S13.

...

Post 5: Rent increases: when & how can rent be increased?

As propertyrental says.  IMHO simply do nothing - you don't even need to reply to Letting Agent's request ...

Artful: Lamdlord since 2000

UnsureTenant

There is no rent increase clause and nothing about what happens after the end of the term.

Only that I must give 2 months notice before the end of the term if I intend to leave at the end of the term (which I didn’t).

Can they give me a S13 now to become active at the start of the second periodic month, even though we’re still in the fixed term? And by extension if they had given me one with over a month left in the fixed term could that have applied from the start of the first periodic month? (Hope that makes sense)

Thanks for the advice. 

theartfullodger

Suggest you wait and see if landlord served an s13 notice.

Agent may threaten over your not signing a new deal but it is your right not to and simply carry on, periodic.  Thatcher's iron handbag in the 1988 Housing Act.  Agent often keen to do so they may charge Landlord their % bung ....

GDB2222

I don't know where you are, but, round here, a 10% increase after 3 years would be regarded as a mega success for the tenant!

propertyrental

UnsureTenant said:

There is no rent increase clause and nothing about what happens after the end of the term.
Then you move to a SPT. It's the law. Did you read the link?

Only that I must give 2 months notice before the end of the term if I intend to leave at the end of the term (which I didn’t).
If you move out on/before the end of the fixed term, the tenancy will end. That's why there is a fixed end date!
In theory, the LL could sue for breach of contract (not the same as the tenancy continuing) but would have to prove he had suffered a financial loss of a specified amount as a result. Almost impossible to prove.

Can they give me a S13 now to become active at the start of the second periodic month, even though we’re still in the fixed term? And by extension if they had given me one with over a month left in the fixed term could that have applied from the start of the first periodic month? (Hope that makes sense)

Thanks for the advice. 

I remember posting a while back telling someone that no, the S13 could not be served during the fixed term. I was contradicted by at least one other respected poster here.

So I am unsure.

But as you've not received a S13, the question is premature......

lesalanos

A S13 is not necessary if you are happy with it.  You can reply agreeing to the increase if you wish