Rent tribunal - what factors are considered?

Kai_63

swingaloo said:

Emmia said:

swingaloo said:

Emmia said:

Kai_63 said:

Emmia said:

Kai_63 said:

My landlord has put up my rent by 16% this year. This is after a 22% increase in 2023.

The rent is a little higher than average for the area for similar flats, but the state of this flat is a lot worse than those (various aspects of disrepair outstanding).

Would a tribunal look at the state of the flat when deciding if it's fair? Or just market rate by location and number of bedrooms etc?

Even on that basis, my landlord is letting out another flat, exactly the same as mine in terms of rooms and area but it also has a garden? 

If other flats in your area are cheaper and nicer, why don't you look to move?

Thank you. Not quite so simple for me as I don't want to uproot my kids but I suspect the landlord knows this.

Then you might need to pay more - why go through the stress of a tribunal when you can move? Voting with your feet is more effective 

And this is exactly why renting in the private sector is a nightmare. Its fine to say accept it or move, the landlord will soon find another tenant as there is such a shortage of property.
But for the OP who says she is willing to accept a fair rise to be told to just move along shows such a lack of understanding.

I was in rented from 1997 to 2015 and had to move 5 times with children and a disabled husband. The stress of having to find somewhere, the cost of moving, the settling in not knowing if you will have to do it all over again next year, the uncertainty, having to change doctors and possibly schools, another few thousand lost each time is horrific.

I moved into the first rental in 1997- Two years later the owner died and the family sold. 

2nd rental 1999- lasted 2 years then had to move due to bailiffs constantly chasing the owner who turned out to be dodgy and didnt even own the house, it was his sisters and she knew nothing about him renting it out.

3rd rental 2002- stayed there 5 years then owner decided to sell.

4th rental 2007- stayed there for 4 years then landlady died and family sold.

5th rental 2011- last rental and was served notice as landlord wanted the property for his daughter. Luckily the time coincided with a relative passing away and leaving me enough inheritance to buy somewhere.

Voting with your feet is not simple at all. Property is hard to find and when you do you have no idea how long you are safe for . The stress is terrible so its a bit harsh just to say 'move along' as if its easy to do.

The OP said there was other property which was nicer and cheaper available in their area. So if that's the case (and I appreciate renting isn't easy) then I'd move. 

If they challenge at tribunal they are at risk of eviction - so they'll have to move. I'm not sure the OP actually has an option where the rent rise is less, and they can stay put. 

But the OP hasn't said that. They said the landlord was letting out another flat but not that it was available. They also said the rent they pay is higher than the average in the area and based on the fact that in 2/3 years the landlord has proposed a rise amounting to 38% then they should try to negotiate a lesser increase. The landlord has a tenant who wants to stay and is happy to pay a bit more so may be agreeable to meet in the middle to keep them. 
And lets be fair, they are at risk of eviction if they challenge or not. No-one in private renting is ever safe.
Not saying this is the case with this landlord but I think there is such demand now for rental properties that many landlords are pushing the rent as high as possible. (and yes I know its a business and supply and demand and all that). 

There are a row of terraced houses behind us and a young girl was renting the end one with her 2 children. Its a tiny 2 bed terrace in the North West, no garden front or back and she was paying £680 a month. She moved out a month ago and it is now advertised for £1100 a month and the estate agent is not taking any more applications for it as they have so much demand.  

Thank you for your comments. As you say and have experienced, it is stressful and then there are too young children to consider. I totally understand the cost of living but there are clearly landlords including mine who are simply pushing rent up above market rates because they feel like it. It is a difficult situation though because as the poster you're replying to says, challenging it probably will lead to eviction.

I have tried negotiating but it's been shut down entirely. 

Kai_63

saajan_12 said:

Emmia said:

swingaloo said:

Emmia said:

swingaloo said:

Emmia said:

Kai_63 said:

Emmia said:

Kai_63 said:

My landlord has put up my rent by 16% this year. This is after a 22% increase in 2023.

The rent is a little higher than average for the area for similar flats, but the state of this flat is a lot worse than those (various aspects of disrepair outstanding).

Would a tribunal look at the state of the flat when deciding if it's fair? Or just market rate by location and number of bedrooms etc?

Even on that basis, my landlord is letting out another flat, exactly the same as mine in terms of rooms and area but it also has a garden? 

If other flats in your area are cheaper and nicer, why don't you look to move?

Thank you. Not quite so simple for me as I don't want to uproot my kids but I suspect the landlord knows this.

Then you might need to pay more - why go through the stress of a tribunal when you can move? Voting with your feet is more effective 

And this is exactly why renting in the private sector is a nightmare. Its fine to say accept it or move, the landlord will soon find another tenant as there is such a shortage of property.
But for the OP who says she is willing to accept a fair rise to be told to just move along shows such a lack of understanding.

I was in rented from 1997 to 2015 and had to move 5 times with children and a disabled husband. The stress of having to find somewhere, the cost of moving, the settling in not knowing if you will have to do it all over again next year, the uncertainty, having to change doctors and possibly schools, another few thousand lost each time is horrific.

I moved into the first rental in 1997- Two years later the owner died and the family sold. 

2nd rental 1999- lasted 2 years then had to move due to bailiffs constantly chasing the owner who turned out to be dodgy and didnt even own the house, it was his sisters and she knew nothing about him renting it out.

3rd rental 2002- stayed there 5 years then owner decided to sell.

4th rental 2007- stayed there for 4 years then landlady died and family sold.

5th rental 2011- last rental and was served notice as landlord wanted the property for his daughter. Luckily the time coincided with a relative passing away and leaving me enough inheritance to buy somewhere.

Voting with your feet is not simple at all. Property is hard to find and when you do you have no idea how long you are safe for . The stress is terrible so its a bit harsh just to say 'move along' as if its easy to do.

The OP said there was other property which was nicer and cheaper available in their area. So if that's the case (and I appreciate renting isn't easy) then I'd move. 

If they challenge at tribunal they are at risk of eviction - so they'll have to move. I'm not sure the OP actually has an option where the rent rise is less, and they can stay put. 

But the OP hasn't said that. They said the landlord was letting out another flat but not that it was available. They also said the rent they pay is higher than the average in the area and based on the fact that in 2/3 years the landlord has proposed a rise amounting to 38% then they should try to negotiate a lesser increase. The landlord has a tenant who wants to stay and is happy to pay a bit more so may be agreeable to meet in the middle to keep them. 
And lets be fair, they are at risk of eviction if they challenge or not. No-one in private renting is ever safe.
Not saying this is the case with this landlord but I think there is such demand now for rental properties that many landlords are pushing the rent as high as possible. (and yes I know its a business and supply and demand and all that). 

There are a row of terraced houses behind us and a young girl was renting the end one with her 2 children. Its a tiny 2 bed terrace in the North West, no garden front or back and she was paying £680 a month. She moved out a month ago and it is now advertised for £1100 a month and the estate agent is not taking any more applications for it as they have so much demand.  

What do you think the OP will achieve by challenging? Short term, a rent reduction/lower increase... If they win (there's no guarantee they will)

Longer term, I'd expect a more difficult landlord and eviction.

If the OP can move then that may be a better outcome, long term. Or it may not - without a crystal ball it's a bit difficult to predict. The landlord may be increasing the rent to get the OP out so they can remarket for an even higher rent??

But I've given my opinion, what the OP does is up to them.

No crystal ball applies both ways. By moving they're definitely incurring the cost and hassle of moving on the chance that the LL is unhappy with the decision and evicts. 

IMO the first step is to try to negotiate with the LL - they might have just served notice with an aspirational rent but might prefer to reduce a little than incur a void only to get less on the open market. 

After that, why not go to tribunal - if the tribunal disagrees then at least  you tried and you can make the informed decision to move, knowing the best case rent at the current property. If the tribunal agrees with you then maybe the LL will receive the information from a more 'official' seeming body of what the market rent is and accept it. I would. 
Yes maybe they'll evict, in which case you're looking for a place anyway, no worse off. 

Kai_63 said:

My landlord has put up my rent by 16% this year. This is after a 22% increase in 2023.

The rent is a little higher than average for the area for similar flats, but the state of this flat is a lot worse than those (various aspects of disrepair outstanding).

Would a tribunal look at the state of the flat when deciding if it's fair? Or just market rate by location and number of bedrooms etc?

Even on that basis, my landlord is letting out another flat, exactly the same as mine in terms of rooms and area but it also has a garden? 

From my understanding, its about the market rent not the % increase. As the % could be high because the starting rent was low. However I don't know exactly what factors are considered or if its case by case. Why not just try (after trying to negotiate with the LL) and see? 

Thank you. It is slightly above market rate in terms of location and number of bedrooms etc but when you take into account the poor quality it is considerably more! Unfortunately negotiations have stalled by which I mean they refuse to budge on price.