Rent increase was served late

Shelldean

Hadn't occurred to me that latest landlord might not be a HA

It doesn't mention housing association on their website but does state.

Registered Provider, under the governance of the Regulator of Social Housing.

Does that make them Housing association????

HobgoblinBT

1st March was a Sunday, a non working day. Shelter advise that a notice requiring one months notice can be delivered on the first working day of the month if the due date was a non working day and still be considered valid under English Law.

To be fair, you state that the HA increases the rent each year without fail,so you were expecting an increase all be it that your HA contact might have given you a less than satisfactory explanation of the notice being dated 2nd March rather than 1st March. Or perhaps they don’t know about Google…..,

Shelldean

https://forums.moneysavingexpert.com/discussion/comment/81920349#Comment_81920349

Interesting point.

Yes I was half expecting it, I think in my almost 30 years living here there's been a couple of years where there's been no increase. So am always hopeful this year would be another. But alas not to be

Shelldean

Ok just checked the agreement and it is an assured tenancy.

And this is what it states for rent increases.

Is it worth a complaint? Given what HobgoblinBT states above?

Exodi

https://forums.moneysavingexpert.com/discussion/comment/81920734#Comment_81920734

This is a consumer related forum - and given the HA has effectively confirmed they understand that they've made a mistake, I would throw it back to them.

I wouldn't even bother citing legislation since the tenancy agreement cites it.

I would just say the agreement and law is clear - "not less than one calendar months' notice", which they've failed to do.

If they come back citing Shelter or wherever that basis comes from, then leave them to it. But from where I'm sitting, your position is pretty clear cut. All it means is they won't get their increase for a single month, maybe it'll encourage them to serve these notices a bit earlier, they don't have to serve it exactly in the minimum time frame required…

Shelldean

Just a quick update.

I did complain and state my tenancy was very clear on timescales.

And they've agreed. And I've been told to start the new amount from May 1st instead of April.

TheElectricCow

https://forums.moneysavingexpert.com/discussion/comment/81940571#Comment_81940571

As they've pushed the date of your rent increase back a month, do bear in mind for next year that the 2027 rent increase (and any in the years following) should now also take place in May rather than April - "no rent increase shall take effect less than a year after the last rent increase". This condition may well last for the lifetime of your tenancy and it's not unheard of for HAs to forget about such increases occurring on non-standard dates over time.

Shelldean

https://forums.moneysavingexpert.com/discussion/comment/81940648#Comment_81940648

Good point. But I didn't elaborate in my update is that my increase is actually still 1 April but they've given me a credit towards April's rent. And I pay full amount from May 1st.

So not sure that would work?

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81941020#Comment_81941020

Depends if you accept that. If you push back and tell them you aren’t accepting a rent rise in April and will pay the increased rent in May then it depends on their next move. They could accept what you say, or they could argue. Most likely they would ignore your statement and the issue gets pushed back til next year. In 2027 they would probably argue you accepted the rent increase for April (albeit with the credit), so you need them to acknowledge that you aren’t accepting the increase this year in April.

HampshireH

Any HA will send the letters in bulk & apply adjustments in en masse. They will have no way of ensuring yours doesn't start in April in future years

You would be in a position every year where you are calling up and reminding them. That's a hassle