Rent increase - does my landlord have to give me a certain amount of notice?

gelato_cat

I'm currently on a 12-month fixed term which ends this week.

Two weeks ago, I asked my landlord if I could renew for eight months.  We don't need a full 12 months because we want to buy a house this year.

Today, they have come back saying they'll agree to eight months but that "rent has increased in the UK market by 5% since 2022 with many individual owners increasing their rents by 3% per year" and therefore they are proposing a 5% increase.  (The rent is already at / slightly higher than market rate for the area, but they have ignored that fact.)

So my question is, do they have to give us any notice or is it OK for them to expect us to pay the new rent from the end of this week?

Brie

1 month minimum notice I believe, assuming you accept it.

Private renting: Rent increases - GOV.UK (www.gov.uk)

gelato_cat

I read that, and I wasn't sure if the month's notice applies when you sign a new fixed term.

So if that's the case, the new contract should say "the rent is <original rent> for <dates of the first calendar month> and <new rent> from <date> for the following seven calendar months"?

Is this right?

Like many renters, I don't really have a choice about accepting it if I want to stay here...

Schwarzwald

If you really want to only stay 8 more months can just not agree to the rent increase and make it a rolling one and see what he does

Slinky

Can you be sure that you will have bought your new home in exactly 8 months? Would have been better to go onto a rolling tenancy with 1 months notice

propertyrental

No.

If you sign a new contract eg for 8 months the rent will be whatever is in the new contract that you have agreed. It superceds the previous contract.

An alternative is to not sign a new contract but allow the existing contract to become Periodic ie rolling month by month. This happens automatically if a) you don't sign anything new and b) you don't vacate when the current contract expires.

The rent and all other terms remain as before.

Another option is a 12 month contract at the same rent as before + a 6 month Break Clause (allowing you to give notice any time after 6 months) but I strongly suspect the LL will not agree to this!

theartfullodger

Nothing formal required - unless you decline to pay (which you have every right to).

He could send a wotsapp saying rent going up £125.. If you start paying then that's agreed, nothing else required.

If you don't pay LL may serve s13 notice and you still have the tight to challenge it at the tribunal. (Assuming England).

Which country are we talking about?  eg NI, Wales....

gelato_cat

I hear what you're all saying about doing nothing and therefore automatically going to a periodic tenancy.

However, I think this leaves us more vulnerable because he can then issue a Section 13 to get his extra rent.  So we could end up paying more anyway.  I have done some research and I believe he is increasing it beyond the local market rent, but if I took him to the tribunal he could decide to issue a Section 21.

Regardless, he can issue a Section 21 at any time during the periodic tenancy.

Unless I'm missing something?  I just think being on a fixed term contract means less uncertainty for us.  Same rent guaranteed for eight months (or seven, if he has to give us a month's notice) and no threat of Section 21.

We may not complete on our new house within eight months, but we can stay here beyond that for at least two months on a periodic if needed.

propertyrental

Suzey said:

I hear what you're all saying about doing nothing and therefore automatically going to a periodic tenancy.

OK
However, I think this leaves us more vulnerable Yes because he can then issue a Section 13 to get his extra rent.  

or indeed a S21.

But signing the 8 month contract also gets his extra rent!

So we could end up paying more anyway.  I have done some research and I believe he is increasing it beyond the local market rent, but if I took him to the tribunal he could decide to issue a Section 21.

True
Regardless, he can issue a Section 21 at any time during the periodic tenancy. True

Unless I'm missing something?  I just think being on a fixed term contract means less uncertainty for us. 

That is always the balance between security (fixed term) and flexibility (periodic)

 Same rent guaranteed for eight months (or seven, if he has to give us a two month's notice) and no threat of Section 21. whether fixed term or periodic he still has to serve a S21 to evict.

We may not complete on our new house within eight months, but we can stay here beyond that for at least two months on a periodic if needed.

You started by asking:

"So my question is, do they have to give us any notice or is it OK for them to expect us to pay the new rent from the end of this week?"

You now know the answer, and what your options are, and the pros/cons of each.

But I think what we all believed was behind your question was reluctance to start paying a higher rent next week - hence the suggestions we made.

Zoe02

Communicate with the landlord.

Check going rate and compare.