Am I required to pay requested rental increase prior to moving out

ajm410

Hello all,

I hope you may be able to help please - grateful for any advice.

I've been renting a property on a contract which several months ago rolled onto a monthly (contractual periodic tenancy) basis.

Several weeks ago, our LL came round and asked for a 20% rent increase in return for us signing a new 12 month contract.

Due to issues with the flat we knew we weren't intending to pay that and immediately sought to move out of the flat.

However, to buy ourselves some time (we had no idea how long it would take us to find somewhere new to live) we communicated over text message that we wanted to stay in the property and would increase the rent as of the next rental date and sign a new contract.

Despite this communication, we did not sign a new contract or were ever presented with one.

One week later, we found a new flat and communicated the LL that we had changed our mind and would be moving out asap, giving them one month's notice from the next rental payment date.

Given the decision to vacate the property, I did not increase our final rent payment by 20%. However, the LL is now insisting that I do so.

Does she have grounds to insist on this or can/ should I politely refuse to do so?

Thanks as always!

Anthony

theartfullodger

Is the rental payment day the same as start or end of period day?  Tenant notice needs to be valid expire on start or end day of period, AT LEAST one month. But landlord is at liberty to accept an invalid notice date.

Don't think you have to pay rent increase. (I'm a Landlord for more than 20 years).

Voyager2002

You are free to decline the rent increase; give valid notice and pay the old rent until you leave the property.

Having said that, you sent a text message accepting the rent increase and agreeing to the new contract. That could make things messy...

In practice, the worst that is likely to happen is that the landlord could withhold your deposit and tribunal hearings about it might be complicated.

FlorayG

I would say you agreed to the rent increase so you should pay it. If you were not prepared to pay it then you shouldn't have agreed

theartfullodger

Question is, if you don't pay increase will landlord take you to court for the difference?  Particularly if he accepted your notice?  I really doubt it .

Do let us know!

ajm410

Thanks all.

@theartfullodger The rental payment date is at the start of the period, and we gave the LL notice of our our intention to leave before that date, which I have them in writing as having accepted and agreed to. I also sent this in writing as per the contract to cover my back.

I don't think I'm contractually obliged to increase the final rent payment (unless the text message makes me contractually liable - or the LL has the right to increase the rent payment without any notice), but would just like to be certain about that before saying no.

The timeline went line this:

October 8 - LL asks for rent increase going forward with offer of new fixed contract
October 11 - We text to say we would like to stay in property and so accept increase but say we do not want a new fixed contract, preferring flexibility
October 14 - We say we have changed our mind and will fin somewhere else ASAP
October 28 - we give notice (one month from next rent payment on 5 November)
November 5 - final rent payment made, LL requests additional 20% uplift

@Voyager2002 - at worst, would they just take the difference from the deposit if the tribunal sided with the LL?

@FlorayG - while I understand your point, I would say we agreed to the rent increase on the proviso we intended to stay in the property, which we then decided against.

Thanks as always

theartfullodger

Thanks.

The only person who can tell you for certain if you have to pay increase is a judge if it is taken to court.

Everybody else's view (including me) is a guess.

Good luck.  Let us know.

If there is disagreement before you go take loads of photos (damaged, deposit etc) and if landlord/agent won't accept returned keys post them (with photos and witnesses) through letterbox (of agent or property).

Voyager2002

OK: the text message both accepted the rent increase and agreed to the new contract. If this were to be binding, then potentially the landlord could insist on payment of the (increased) rent until the expiry of the new contract! However, the landlord has accepted (in writing) the notice to leave, and so has blocked off this option for himself.

Probably the worst case would be if the landlord tried this on as a justification for withholding the deposit. You could then pursue this through a deposit guarantee scheme and ultimately a tribunal, and it could get messy.

ajm410

Thank you again.

Sorry if I haven't been clear but we never agreed to new contract - we specifically stated we didn't want to sign a new fixed term contract, preferring flexibility so that could eventually move in the near future.

However, I did agree to increase the rent in the event we wanted - and were able - to stay on a rolling contract.

I'm sensing I should just pay it, though I'm loath to do so...

RAS

Your LL asked for a rent increase? Exactly how did they ask? Does the contract specify how this "request" should be made?

saajan_12

ajm410 said:

...
However, to buy ourselves some time (we had no idea how long it would take us to find somewhere new to live) we communicated over text message that we wanted to stay in the property and would increase the rent as of the next rental date and sign a new contract.

Despite this communication, we did not sign a new contract or were ever presented with one.

ajm410 said:

October 11 - We text to say we would like to stay in property and so accept increase but say we do not want a new fixed contract, preferring flexibility

^ These two statements seem to contradict. If the former is correct, then you have bigger issues than just the 20% for a month. If the latter is correct, then read on..

ajm410 said:

I don't think I'm contractually obliged to increase the final rent payment (unless the text message makes me contractually liable - or the LL has the right to increase the rent payment without any notice), but would just like to be certain about that before saying no.

You weren't contractually obliged before and the LL doesn't have a right to force an increase without your agreement. However your text message does sound like exactly that agreement to the LL's offer. Please quote. 

ajm410 said:

@FlorayG - while I understand your point, I would say we agreed to the rent increase on the proviso we intended to stay in the property, which we then decided against.

I can't see an argument here, as the LL didn't stop you from staying, that was your choice. I'd think the 'staying in the property' isn't part of the contract as its not specific (how long would you stay?) but regardless, you can't put conditions to a contract and then have the other party lose out because you breach them.