Rent increase was served late

Shelldean

Hello, my landlord (HA) increases my rent every year without fail. Usually get the notice mid February for an increase starting 1 April.

However this year they've sent it late. The letter is dated 2 March for an increase starting 1 April. So one day late

I did discuss it briefly with a member of staff, who stated awww it was only one day late!!

Now I know the law states one month notice but what is the actual law in this instance.

I want to push back and be able to quote the correct one.

fullyrendered

What sort of tenancy do you have? Sometimes the notice period might be 4 weeks; would that make it 'in time'?

Is there specific wording in your tenancy agreement about when and how rent increases are calculated?

Exodi

Assuming it's a monthly AST.

FYI from 1st May this year, they'll need to provide at least 2 months notice!

But as for today, as you suggest, they need to give at least 1 months notice (and it seems they can't even do that).

https://www.gov.uk/private-renting/rent-increases

Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice.

Since you mentioned you wanted to cite the actual legislation (again, this is about to change) -

https://www.legislation.gov.uk/ukpga/1988/50/section/13

(2)For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a)the minimum period after the date of the service of the notice;

<…>

(3)The minimum period referred to in subsection (2) above is—

<…>

(c)in any other case, a period equal to the period of the tenancy.

I find their reply quite amusing "awww it was only one day late!!" - I have a feeling they might not take that position if it was a tenant who accidently served notice to leave a bit too late. I'd imagine they'd almost certainly hold them to the letter of the contract for another months rent.

thegreenone

Was your call recorded?

The member of staff may have shot the HA in the foot by admitting it was late.

user1977

Assuming it's a monthly AST.

OP says the landlord is a housing association so more likely to be a secure tenancy, in which case the relevant notice period is 4 weeks:

Rent in social housing - Shelter England

Exodi

https://forums.moneysavingexpert.com/discussion/comment/81920124#Comment_81920124

The letter was dated 2nd March, that alone would be evidence enough (current matter that needs confirming is the tenancy type).

Shelldean

https://forums.moneysavingexpert.com/discussion/comment/81920106#Comment_81920106

I don't have the agreement to hand atm, I will look at it, before I go in guns blazing.

Shelldean

Yes it's a monthly AST.

I am aware the law changes later in the year. I did Google but couldn't see which specific legislation applied. So thank you for that information.

We've changed hands several times and the latest managing agent change was 1 February. I believe that's why it was late but that no excuse IMHO.

Shelldean

I didn't record it no idea if they did.

Was a bit of a nightmare call I called twice went thru the menu, got the annoying music and was cut off twice. Was calling back for the third time when they called me and said oh we had a missed call from you.....errr no you cut me off!

GibbsRule_No3.

I must be lucky my HA don't raise the yearly rent until May. Means I have my uprated State Pension already in payment by the time it starts.

Shelldean

I honestly thought it was assured, I will read the agreement once I'm home and confirm.

I've been a tenant since 1997 but as I've stated we've changed hands several times. All previous landlords were housing associations, but I'm now not 100% convinced these latest ones are actually a HA. Not that changes anything as my tenancy just continues thru all the changes doesn't it?

We had HA K who sold to HA D.

HA D merged with A to become AD

Then we was sold to this last lot M who used the local council as managing agent.

And just earlier this year managing agent changed from local council to in house at M

I will do some more investigations and come back