Notice period/rent increase

Pages_Tenant

Hello,

I’ve been renting the flat since 2019 and it’s a periodic tenancy now.
recently the estate agent informed that the landlord wants to increase the rent (by 12%) which I can’t afford so I took the decision to move out and I gave 1 month notice as I did not want to loose the new place I found.
the estate agent reminded me that the notice period is 2 months as per contract. I checked and indeed it is.
but is it a fair condition? And can I dispute it?
I’m only moving away due to the increases in rent. Had I made the decision to move on my own I would have been happy to give 2 months notice, but I’m actually being forced to move out. Do I still need to give 2 months notice? (this means that for 1 month I’m paying rent in 2 places).
Additionally, there are things broken around the flat (for example the shower, which I informed over 1 month ago. They keep sending plumbers to check, 3 so far, but no repairs, probably because it’s more expensive than the landlord is happy to pay). Also the estate agent is so slow to find a new tenant that it’s unlikely they’ll manage in a month (I was hoping they’d be quicker so I wouldn’t have to pay 2 months notice). It took them 10 days just to come around and take pictures. And a further 22 days to come around for a viewing.

can I dispute the 2 months notice on the basis that it’s an unfair term in the contract? or based on the circumstances (rent increase and the poor involvement of the estate agent) ?

thank you.

theartfullodger

Assuming this is England, normally AT LEAST one month's notice ending on and end-of period day. Almost never exactly one month 

But depends if tenancy is contractural or not.  Please quote exact wording of tenancy about how it carries on after end initial term 

_Penny_Dreadful

Pages_Tenant said:

Hello,

I’ve been renting the flat since 2019 and it’s a periodic tenancy now.
recently the estate agent informed that the landlord wants to increase the rent (by 12%) which I can’t afford so I took the decision to move out and I gave 1 month notice as I did not want to loose the new place I found.
the estate agent reminded me that the notice period is 2 months as per contract. I checked and indeed it is.
but is it a fair condition? And can I dispute it?
I’m only moving away due to the increases in rent. Had I made the decision to move on my own I would have been happy to give 2 months notice, but I’m actually being forced to move out. Do I still need to give 2 months notice? (this means that for 1 month I’m paying rent in 2 places).
Additionally, there are things broken around the flat (for example the shower, which I informed over 1 month ago. They keep sending plumbers to check, 3 so far, but no repairs, probably because it’s more expensive than the landlord is happy to pay). Also the estate agent is so slow to find a new tenant that it’s unlikely they’ll manage in a month (I was hoping they’d be quicker so I wouldn’t have to pay 2 months notice). It took them 10 days just to come around and take pictures. And a further 22 days to come around for a viewing.

can I dispute the 2 months notice on the basis that it’s an unfair term in the contract? or based on the circumstances (rent increase and the poor involvement of the estate agent) ?

thank you.

It’s possible that there’s a contractual periodic tenancy (CPT) rather than a statutory periodic tenancy (SPT) in place. You’d need to quote the exact wording of the clause that says you need to give 2 months notice for us to known. If it is a CPT then the 2 months notice is very unlikely be an unfair clause. 

How were you informed the landlord wants to increase the rent by 12%?

There are mechanisms for dealing with landlords who don’t carry out repairs within a reasonable time frame but as you’ve served notice and found somewhere else to live that ship has sailed. 

Pages_Tenant

“Should the tenancy become a Statutory Period Tenancy (month to month), the agreement may be terminated by either party giving the other at least 2 full rental months notice in writing”.
this is what the contract says. Clear. But as my move has been triggered by the rent increase, does the 2 months notice still apply? 

the contract term was 6 months, ending January 2020. During this period the notice was also 2 months.

the rent increase was communicate by the estate agent in an e-Mail.



Thank you.

propertyrental

Pages_Tenant said:

“Should the tenancy become a Statutory Period Tenancy (month to month), the agreement may be terminated by either party giving the other at least 2 full rental months notice in writing”.
this is what the contract says. Clear. But as my move has been triggered by the rent increase, does the 2 months notice still apply? 

the contract term was 6 months, ending January 2020. During this period the notice was also 2 months.

the rent increase was communicate by the estate agent in an e-Mail.

1. very poorly worded tenancy agreement. On the one hand it implies that a SPT arises after the fixed term, but in the same sentence defines the notice period in terms of a CPT, not a SPT.
So which is it? SPT or CPT (that's rhetorical!). See link below.

My guess is that if it went to court the ambiguity would be resolved in the tenant's favour ie you moved to a SPT where notice is defined by statute (the Housing Act), not by the contract. In that case, notice by the T is one full tenancy period (not 2)

2. the fact that your move was triggered by the rent increase is irrelevant from a legal point of view. It was a decision you made. You could have stayed, or indeed challenged/ignored the increase.

3. Very unlikely /unusual for there to be a notice period within the fixed term. That's what 'fixed term' means! The tenancy continues till the fixed term ends There are exceptions, notably via a Break Clause, but very rarely in a short fixed term of 6 months. I'd ask you to quote, but it's irrelevant now that the fixed term has ended.

4. Was the email in the format of a S13 Notice? And does the contract specify that notices can be served on you by email?

5. In a SPT, rent can only be increased via service of a S13 Notice. Was this served?  (though see 7 below0

6. in a CPT (see links below), rent can only be increased in line with the contract - so what does your original tenancy agreement say about rent increases? Does it say 12%? (though see 7 below)

7. Of course, both 5 & 6 above can be ignored if the LL and T mutually agree a new rent. 5 & 6 only apply where the LL proposes a new rent and the T declines to pay it.

8. A lot therefore hangs on whether this is a SPT or a CPT. See link below for the definition and difference:

Post 4: Ending/renewing an AST: what happens when a fixed term ends?

See also:

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

_Penny_Dreadful

Pages_Tenant said:

“Should the tenancy become a Statutory Period Tenancy (month to month), the agreement may be terminated by either party giving the other at least 2 full rental months notice in writing”.
this is what the contract says. Clear. But as my move has been triggered by the rent increase, does the 2 months notice still apply? 

the contract term was 6 months, ending January 2020. During this period the notice was also 2 months.

the rent increase was communicate by the estate agent in an e-Mail.



Thank you.

That clause is contradictory. The notice period for a tenant with a SPT is one full tenancy period not 2 months. 

The rent increase is irrelevant when determining how much notice you have to give. It doesn’t matter why you’re choosing to move you are still contractually obligated to give the the correct amount of notice. 

It wasn’t a formal notice for increasing the rent by the sounds of things. 

Pages_Tenant

Thank you very much for your answer.
do you have any advice on how to approach the estate agent about challenging their request for 2 month notice ?

Pages_Tenant

propertyrental said:

Pages_Tenant said:

“Should the tenancy become a Statutory Period Tenancy (month to month), the agreement may be terminated by either party giving the other at least 2 full rental months notice in writing”.
this is what the contract says. Clear. But as my move has been triggered by the rent increase, does the 2 months notice still apply? 

the contract term was 6 months, ending January 2020. During this period the notice was also 2 months.

the rent increase was communicate by the estate agent in an e-Mail.

1. very poorly worded tenancy agreement. On the one hand it implies that a SPT arises after the fixed term, but in the same sentence defines the notice period in terms of a CPT, not a SPT.
So which is it? SPT or CPT (that's rhetorical!). See link below.

My guess is that if it went to court the ambiguity would be resolved in the tenant's favour ie you moved to a SPT where notice is defined by statute (the Housing Act), not by the contract. In that case, notice by the T is one full tenancy period (not 2)

2. the fact that your move was triggered by the rent increase is irrelevant from a legal point of view. It was a decision you made. You could have stayed, or indeed challenged/ignored the increase.

3. Very unlikely /unusual for there to be a notice period within the fixed term. That's what 'fixed term' means! The tenancy continues till the fixed term ends There are exceptions, notably via a Break Clause, but very rarely in a short fixed term of 6 months. I'd ask you to quote, but it's irrelevant now that the fixed term has ended.

4. Was the email in the format of a S13 Notice? And does the contract specify that notices can be served on you by email?

5. In a SPT, rent can only be increased via service of a S13 Notice. Was this served?  (though see 7 below0

6. in a CPT (see links below), rent can only be increased in line with the contract - so what does your original tenancy agreement say about rent increases? Does it say 12%? (though see 7 below)

7. Of course, both 5 & 6 above can be ignored if the LL and T mutually agree a new rent. 5 & 6 only apply where the LL proposes a new rent and the T declines to pay it.

8. A lot therefore hangs on whether this is a SPT or a CPT. See link below for the definition and difference:

Post 4: Ending/renewing an AST: what happens when a fixed term ends?

See also:

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

Thank you very much. I feel more confident now and able to challenge the estate agent who’s had an attitude of bully and ignoring combined which was very intimidating. 

Thank you. 

_Penny_Dreadful

Pages_Tenant said:

Thank you very much for your answer.
do you have any advice on how to approach the estate agent about challenging their request for 2 month notice ?

What date did your original tenancy start?

Let's say for arguments sake that it started 12th January 2022 has was now a SPT.  As rent is paid monthly your tenancy periods would be from 12th to 11th so as long as you served notice by 12th March your SPT would end 11th April.  That's statutory law and your tenancy agreement does specifically say it will be a statutory periodic tenancy, not a contractual periodic tenancy.  That's what I would say to the letting agent.

Pages_Tenant

Thank you thank you very much.

Pages_Tenant

_Penny_Dreadful said:

Pages_Tenant said:

Thank you very much for your answer.
do you have any advice on how to approach the estate agent about challenging their request for 2 month notice ?

What date did your original tenancy start?

Let's say for arguments sake that it started 12th January 2022 has was now a SPT.  As rent is paid monthly your tenancy periods would be from 12th to 11th so as long as you served notice by 12th March your SPT would end 11th April.  That's statutory law and your tenancy agreement does specifically say it will be a statutory periodic tenancy, not a contractual periodic tenancy.  That's what I would say to the letting agent.

Thank you very much.