Being shafted by huge rent increases and want to leave

MrHeisenberg

Hi all,

My landlord keeps putting the rent up by around 6 or 7 percent, so I am looking to move somewhere cheaper.

I have an assured shorthold tenancy, which will be renewed on Monday with yet another substantial rent increase.

I told the estate agent that I am considering moving, and he said that he would release me from the contract with 2 month's notice if I find somewhere else to live, but that is just his word. His record isn't very good - when I asked if I could arrange a 2 year contract, he refused, and falsely assured me that the rent would not be increased the following year, which it did quite significantly. It is hard for me to accept that he didn't see that coming.

The agent is refusing to let the tenancy agreement roll, which I find very concerning given that the tenancy agreement is going to roll anyway in May due to the Renters' Rights Act. That doesn't make economical sense to me, as presumably the landlord is paying for significant renewal fees.

Should I be asking the agent to put something in writing? My worry is that he may be trying to unethically compel me to sign a new tenancy agreement, which I understand will lock me in for at least another 4 months.

marcia_

MrHeisenberg said:

Hi all,

My landlord keeps putting the rent up by around 6 or 7 percent, so I am looking to move somewhere cheaper.

I have an assured shorthold tenancy, which will be renewed on Monday with yet another substantial rent increase.

I told the estate agent that I am considering moving, and he said that he would release me from the contract with 2 month's notice if I find somewhere else to live, but that is just his word. His record isn't very good - when I asked if I could arrange a 2 year contract, he refused, and falsely assured me that the rent would not be increased the following year, which it did quite significantly. It is hard for me to accept that he didn't see that coming.

The agent is refusing to let the tenancy agreement roll, which I find very concerning given that the tenancy agreement is going to roll anyway in May due to the Renters' Rights Act. That doesn't make economical sense to me, as presumably the landlord is paying for significant renewal fees.

Should I be asking the agent to put something in writing? My worry is that he may be trying to unethically compel me to sign a new tenancy agreement, which I understand will lock me in for at least another 4 months.

 They have no right to say they will not let the tenancy roll. The law states that when your fixed period ends your tenancy automatically becomes a rolling tenancy. Don't sign a new tenancy unless you intend to stay. They still can't get you removed from the property without taking you to Court. 

_Penny_Dreadful

MrHeisenberg said:

Hi all,

My landlord keeps putting the rent up by around 6 or 7 percent, so I am looking to move somewhere cheaper.

I have an assured shorthold tenancy, which will be renewed on Monday with yet another substantial rent increase.

I told the estate agent that I am considering moving, and he said that he would release me from the contract with 2 month's notice if I find somewhere else to live, but that is just his word. His record isn't very good - when I asked if I could arrange a 2 year contract, he refused, and falsely assured me that the rent would not be increased the following year, which it did quite significantly. It is hard for me to accept that he didn't see that coming.

The agent is refusing to let the tenancy agreement roll, which I find very concerning given that the tenancy agreement is going to roll anyway in May due to the Renters' Rights Act. That doesn't make economical sense to me, as presumably the landlord is paying for significant renewal fees.

Should I be asking the agent to put something in writing? My worry is that he may be trying to unethically compel me to sign a new tenancy agreement, which I understand will lock me in for at least another 4 months.

What have you signed that means a new fixed term contract will start on Monday? 

How has the rent been increased? By issuing a new fixed term contract? Is there a rent review clause in your tenancy agreement? 

The letting agent can’t refuse to let the tenancy become periodic. There’s literally nothing the letting agent can do to prevent the tenancy becoming either a statutory or contractual periodic tenancy once the fixed term ends. 

The sticky at the top of the board provides details about how and when an AST can be legally ended, and how and when the rent can be increased. 

MrHeisenberg

marcia_ said:

MrHeisenberg said:

Hi all,

My landlord keeps putting the rent up by around 6 or 7 percent, so I am looking to move somewhere cheaper.

I have an assured shorthold tenancy, which will be renewed on Monday with yet another substantial rent increase.

I told the estate agent that I am considering moving, and he said that he would release me from the contract with 2 month's notice if I find somewhere else to live, but that is just his word. His record isn't very good - when I asked if I could arrange a 2 year contract, he refused, and falsely assured me that the rent would not be increased the following year, which it did quite significantly. It is hard for me to accept that he didn't see that coming.

The agent is refusing to let the tenancy agreement roll, which I find very concerning given that the tenancy agreement is going to roll anyway in May due to the Renters' Rights Act. That doesn't make economical sense to me, as presumably the landlord is paying for significant renewal fees.

Should I be asking the agent to put something in writing? My worry is that he may be trying to unethically compel me to sign a new tenancy agreement, which I understand will lock me in for at least another 4 months.

They have no right to say they will not let the tenancy roll. The law states that when your fixed period ends your tenancy automatically becomes a rolling tenancy. Don't sign a new tenancy unless you intend to stay. They still can't get you removed from the property without taking you to Court. 

I think what will happen is that I will probably be served a section 21 eviction notice if I don't agree to sign the new tenancy and accept the rent increase, as I was threatened with that when I expressed reluctance to renew with the estate agent around this time last year. Not sure if one could argue that I am being put under duress, which makes the tenancy agreement void. In any event, coercing someone to sign a new tenancy agreement like that does seem very unethical.

I survive on state benefits, and rented properties are in demand, so that puts me in a difficult position. I may be offered social housing soon, but I am not completely sure.

So, essentially, I want to move, but I also don't want to be evicted.

MrHeisenberg

_Penny_Dreadful said:

MrHeisenberg said:

Hi all,

My landlord keeps putting the rent up by around 6 or 7 percent, so I am looking to move somewhere cheaper.

I have an assured shorthold tenancy, which will be renewed on Monday with yet another substantial rent increase.

I told the estate agent that I am considering moving, and he said that he would release me from the contract with 2 month's notice if I find somewhere else to live, but that is just his word. His record isn't very good - when I asked if I could arrange a 2 year contract, he refused, and falsely assured me that the rent would not be increased the following year, which it did quite significantly. It is hard for me to accept that he didn't see that coming.

The agent is refusing to let the tenancy agreement roll, which I find very concerning given that the tenancy agreement is going to roll anyway in May due to the Renters' Rights Act. That doesn't make economical sense to me, as presumably the landlord is paying for significant renewal fees.

Should I be asking the agent to put something in writing? My worry is that he may be trying to unethically compel me to sign a new tenancy agreement, which I understand will lock me in for at least another 4 months.

What have you signed that means a new fixed term contract will start on Monday? 

How has the rent been increased? By issuing a new fixed term contract? Is there a rent review clause in your tenancy agreement? 

The letting agent can’t refuse to let the tenancy become periodic. There’s literally nothing the letting agent can do to prevent the tenancy becoming either a statutory or contractual periodic tenancy once the fixed term ends. 

The sticky at the top of the board provides details about how and when an AST can be legally ended, and how and when the rent can be increased. 

The agent suggested the new fixed term contract will start in January, but the agent wants me to sign it on Monday.

I offered to accept the rent increase, so long as the tenancy rolls, but the agent would not agree to that, which I thought was a bit concerning, especially as the tenancy is due to become rolling in May anyway. Suspect he wants the renewal fees.

Yes, the rent will go up by way of a new fixed term contract. No, no rent review clause in the current contract.

I think the estate agent will serve a section 21 notice if I don't agree to sign the new fixed term contract. The new law preventing this kind of thing from happening can't come in soon enough, as this is plainly coercion.

_Penny_Dreadful

MrHeisenberg said:

_Penny_Dreadful said:

MrHeisenberg said:

Hi all,

My landlord keeps putting the rent up by around 6 or 7 percent, so I am looking to move somewhere cheaper.

I have an assured shorthold tenancy, which will be renewed on Monday with yet another substantial rent increase.

I told the estate agent that I am considering moving, and he said that he would release me from the contract with 2 month's notice if I find somewhere else to live, but that is just his word. His record isn't very good - when I asked if I could arrange a 2 year contract, he refused, and falsely assured me that the rent would not be increased the following year, which it did quite significantly. It is hard for me to accept that he didn't see that coming.

The agent is refusing to let the tenancy agreement roll, which I find very concerning given that the tenancy agreement is going to roll anyway in May due to the Renters' Rights Act. That doesn't make economical sense to me, as presumably the landlord is paying for significant renewal fees.

Should I be asking the agent to put something in writing? My worry is that he may be trying to unethically compel me to sign a new tenancy agreement, which I understand will lock me in for at least another 4 months.

What have you signed that means a new fixed term contract will start on Monday? 

How has the rent been increased? By issuing a new fixed term contract? Is there a rent review clause in your tenancy agreement? 

The letting agent can’t refuse to let the tenancy become periodic. There’s literally nothing the letting agent can do to prevent the tenancy becoming either a statutory or contractual periodic tenancy once the fixed term ends. 

The sticky at the top of the board provides details about how and when an AST can be legally ended, and how and when the rent can be increased. 

The agent suggested the new fixed term contract will start in January, but the agent wants me to sign it on Monday.

I offered to accept the rent increase, so long as the tenancy rolls, but the agent would not agree to that, which I thought was a bit concerning, especially as the tenancy is due to become rolling in May anyway. Suspect he wants the renewal fees.

Yes, the rent will go up by way of a new fixed term contract. No, no rent review clause in the current contract.

I think the estate agent will serve a section 21 notice if I don't agree to sign the new fixed term contract. The new law preventing this kind of thing from happening can't come in soon enough, as this is plainly coercion.

The letting agent could issue a section 21 but the letting agent can’t enforce it. Either the landlord themselves would need to go to court or the landlord would hire a solicitor to represent them in a court. 

Would a landlord take a tenant to court simply for not signing a new fixed term agreement when the tenant is willing to accept the rent increase? Unlikely. 

HHarry

So you don’t sign the new contract and are served a S21.  That gives 2 months notice, before further action can be taken. A court order is going to take many further months to obtain.

You want to find a cheaper place to live anyway, is 8+ months not enough?  (And that’s IF a S21 is issued)

vic_sf49

I assume the landlord is just using the agent, to manage the contracts / property? They're not one and the same entity. 

It won't be the first time in history, that the landlord doesn't know that the agent is pushing for a renewed fixed contract, when they (the landlord) would be pleased to have a happy tenant, on a rolling contract.

In my opinion, it would be a daft landlord, to evict a rent paying tenant, because you don't want a fixed contract. 

And as already mentioned, it becomes a rolling contract automatically. 

silvercar

If you don’t sign a new contract, the landlord could put the rent up by way of serving a section 13 notice, until then you carry on paying the existing rent.

if they want you to leave they can serve a section 21 notice, but that would give you a few months before it actually got to court. By which time you may have found somewhere else to live. 

Grumpy_chap

If the OP does not sign the contract and does not sign anything about the rent increase then the AST automatically becomes periodic on the terms continuing from the current contract.

The current contract may have a clause relating to rent review but, if not, S13 would be required.

The OP does not automatically become homeless at the original end date of the AST.

The Agent is being, perhaps, unclear in promoting the new contract as the best idea because that is the outcome the Agent / LL prefer.

By the sounds of it, the OP is happy enough to look elsewhere and move on so the OP might just as well stay with the current contract which will automatically become periodic and then serve the required notice as and when a suitable alternative home is confirmed.  It will be far better for the LL to have the OP go of their own accord than require a process through the courts.

sheenas

I think I would go quite in this situation, don’t sign and don’t answer calls or respond in any way, make them do the running.  I suspect they will give up.