Implications of a Rent Increase without a Formal Agreement

freethinker7857

I've been living in the same flat since February 25, 2022, with the assured shorthold tenancy being renewed annually. On January 16, 2025, my landlord informed me via email that the rent would increase by £25 per month starting from February 25, 2025, when the new tenancy begins.

Additionally, she stated, "I trust that you are happy to renew the current lease for another year." In my response, I acknowledged the proposed rent increase and agreed to renew the lease for another year. The landlord assured me that I would receive the amended tenancy agreement shortly. However, I have not yet received it although it's 3 weeks since we communicated and the new proposed rent is technically due on Feb 25.

Some Questions / Concerns

1. Right to Documentation: Do I have the right to request formal documentation, specifically the amended tenancy agreement?

2. Enforcing Rent Increase: Is it permissible for the landlord to enforce a higher rent without including it in the tenancy agreement?

3. Paying Current Rent: Am I entitled to continue paying the current rent amount until I receive formal documentation of the increase?

4. Standing Order Adjustment: Should I adjust my standing order to reflect the increased rent before receiving the amended agreement?

5. Implications of No Agreement: What are the implications of not having the new tenancy agreement in place?

   - Would this situation technically constitute a periodic tenancy if no new agreement is signed?
   - Would I be at a disadvantage without the formal agreement?

Advice regarding any of the above would be greatly appreciated.

chrisw

There is no formal requirement for the rent increase to be in writing unless it's specified in the tenancy agreement. Once you have paid the increased rent you are deemed to have accepted it. 

In the absence of a renewal agreement, you will roll over onto a periodic tenancy. One is neither better or worse than the other, it depends on whether you/the landlord want to be tied in to an annual agreement.

RHemmings

I'm assuming that a £25 rent increase is reasonable. It would depend on the rent you are paying as to what percentage it is. But, as a bare number it doesn't look so bad. 

If your rent overall is reasonable, and the rental a good one, I would advise that you don't stir the pot too much. In your situation, I might send a short polite email just saying that I haven't received a copy of the amended tenancy agreement yet, and would it be possible to have one? 

As per Chrisw, if the landlord proposes a higher rent and you pay it, then you've accepted it. From Shelter, and for England (please tell us which part of the UK you live in). 

https://england.shelter.org.uk/housing_advice/private_renting/rent_increases


If your landlord tells you to pay more rentYour landlord might tell you the rent is going up without giving you a formal notice. For example, they might phone or message you.Your rent will only go up if you agree to it.If you pay the new amount, it legally becomes your rent even if you're not happy about it.

theartfullodger

There's nothing to stop you proposing a different increase, or indeed a rent reduction.

Tenancy does not need to be "renewed" - if you simply stay then the tenancy just rolls on, for ever, month at a time, same terms. 

I've never understood (I'm a landlord, apologies) why landlords "renew".  Waste of effort and paper, possibility of getting paperwork wrong... Sigh!  usually it's agent wanting to charge daft landlord fees for doing simply paperwork.. (yes, simple paperwork can be got rong....)

dinosaur66

you are getting a good deal if it is a nice flat in an area you wish to live

just accept it

moved in 2022

after 3 years increase by £300 a year is very reasonable on your landlords part

rents have risen by 20 per cent at the least in most areas in these 3 years

look at it from your landlords point of view

hypothethical on price paid for flat and whether it was a buy to let purchase

£100k value of flat

hypothetical on rent you pay

£500

new proposed rent £525

landlord new fees

50k deposit 50k buy to let on a 20 year interest only flexible mortgage

2022 cost of intrest on this mortage monthly would have been £100 a month on a 2.4% intrest rate

2025 cost of intrest on this mortgage would be £340 approx a month on todays rate of £7.99 % interest rate

all other landlord related fees have increased as well since 2022 none have come down.

just put your postcode in rightmove / do the searches for similar rental properties and tick box for ones that have now rented and you will see how reasonable your landlord is being.

FlorayG

"In my response, I acknowledged the proposed rent increase and agreed to renew the lease for another year."
Currently that's all the legality that is required - you've accepted the rent increase