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  • FIRST POST
    • daphnemoon
    • By daphnemoon 11th Apr 19, 4:06 PM
    • 61Posts
    • 22Thanks
    daphnemoon
    Periodic Tenancy Rent Increase Forcing To Sign Another AST
    • #1
    • 11th Apr 19, 4:06 PM
    Periodic Tenancy Rent Increase Forcing To Sign Another AST 11th Apr 19 at 4:06 PM
    Hi there,

    We had a 6 month AST that expired 2 years ago and have been on a periodic tenancy since then.

    The agent has told us that we have a 5% increase in rent from May 2019 and have told us they want us to sign a new AST.

    We don't want to move off the Periodic Tenancy for now but we are worried that we will be given notice if we don't re-sign even if we agree to the increased rent.

    Any advice at all on where we stand would be most welcome.

    Thank you

    Daphne
    I wish I knew more than I do!!
Page 1
    • G_M
    • By G_M 11th Apr 19, 4:22 PM
    • 47,751 Posts
    • 58,409 Thanks
    G_M
    • #2
    • 11th Apr 19, 4:22 PM
    • #2
    • 11th Apr 19, 4:22 PM
    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    * Rent increases: when & how can rent be increased?
    • G_M
    • By G_M 11th Apr 19, 4:24 PM
    • 47,751 Posts
    • 58,409 Thanks
    G_M
    • #3
    • 11th Apr 19, 4:24 PM
    • #3
    • 11th Apr 19, 4:24 PM
    The agent has told us that we have a 5% increase in rent from May 2019
    Originally posted by daphnemoon
    'told you' how....?
    • daphnemoon
    • By daphnemoon 11th Apr 19, 5:04 PM
    • 61 Posts
    • 22 Thanks
    daphnemoon
    • #4
    • 11th Apr 19, 5:04 PM
    • #4
    • 11th Apr 19, 5:04 PM
    Thanks for the reply and links, unfortunately I cannot find an answer to my specific question within either link.

    "told you" - let us know via email.

    My question is, can we be forced to sign a AST with the rental increase or can we agree the new rent and remain on a Periodic Tenancy.

    Thank you
    I wish I knew more than I do!!
    • es5595
    • By es5595 11th Apr 19, 5:31 PM
    • 118 Posts
    • 130 Thanks
    es5595
    • #5
    • 11th Apr 19, 5:31 PM
    • #5
    • 11th Apr 19, 5:31 PM
    The second link, section D(2) Explains a section 13 form should have been issued to you, but I’m assuming it wasn’t, and they wish to increase it by mutual consent.

    You could contact the agent, and ask if one of these is in the post, as you haven’t yet received it. They cannot force you to sign a new AST, but if you are not willing to sign a new one, they technically could commence eviction proceedings.

    You can also explain that you are happy to agree to the rent increase by mutual consent, but will not be signing a new AST.
    • theartfullodger
    • By theartfullodger 11th Apr 19, 5:41 PM
    • 10,236 Posts
    • 14,034 Thanks
    theartfullodger
    • #6
    • 11th Apr 19, 5:41 PM
    • #6
    • 11th Apr 19, 5:41 PM
    A tenant ASKING for an s13 notice is not doing themselves any favours.


    Landlord simple emailing increase can happily be ignored. Email notice has no effect.
    • G_M
    • By G_M 11th Apr 19, 5:42 PM
    • 47,751 Posts
    • 58,409 Thanks
    G_M
    • #7
    • 11th Apr 19, 5:42 PM
    • #7
    • 11th Apr 19, 5:42 PM
    Thanks for the reply and links, unfortunately I cannot find an answer to my specific question within either link.

    My question is, can we be forced to sign a AST with the rental increase or can we agree the new rent and remain on a Periodic Tenancy.

    Thank you
    Originally posted by daphnemoon
    Both questions are dealt with in the links. The links are deliberately detailed and provided so that a full explanation can be given without endless repetition.


    But in short:
    * No, and
    * Yes (though a periodic tenancy can be easily ended if the LL so chooses).
    • daphnemoon
    • By daphnemoon 16th Apr 19, 11:17 AM
    • 61 Posts
    • 22 Thanks
    daphnemoon
    • #8
    • 16th Apr 19, 11:17 AM
    • #8
    • 16th Apr 19, 11:17 AM
    Thank you for the clear answer.
    I wish I knew more than I do!!
    • saajan_12
    • By saajan_12 16th Apr 19, 11:52 AM
    • 1,620 Posts
    • 1,248 Thanks
    saajan_12
    • #9
    • 16th Apr 19, 11:52 AM
    • #9
    • 16th Apr 19, 11:52 AM
    Thanks for the reply and links, unfortunately I cannot find an answer to my specific question within either link.

    "told you" - let us know via email.

    My question is, can we be forced to sign a AST with the rental increase - no, noone can legally force you to sign anything, increase or no increase. Do you really need a link to tell you that? or can we agree the new rent and remain on a Periodic Tenancy. - yes, either by mutual agreement and you just start paying the new amount, or by the LL serving a section 13 notice.

    Thank you
    Originally posted by daphnemoon
    You can just verbally agree to increase the rent and start paying that. Alternatively, the LL can serve a Section 13 notice of the increase. If you disagree you can take it to tribunal and the LL can't increase more than every 12 months. A fixed term isnt' necessary, but of course a (illogical) LL can choose to serve notice if they want a fixed term and you refuse.
    • theartfullodger
    • By theartfullodger 16th Apr 19, 11:58 AM
    • 10,236 Posts
    • 14,034 Thanks
    theartfullodger
    You can just verbally agree to increase the rent and start paying that. .......
    Originally posted by saajan_12
    You don't even have to verbally agree: If tenant starts paying notified increased rent then that's it, agreed.
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