Rent increase - tenancy agreement

[Old Blue 2]

Received a notification of a rent increase today. As a result of looking at the tenancy agreement, this is my e-mailed reply to the company that adminsters the tenancy for the landlord:

'Further to our telephone conversation earlier today, I will set out below the conditions that apply to our property, and the relevant applicable law.

'As you will see from the attached scan of the tenancy agreement dated 29th April 2015, at point 3, the tenancy term is 6 months.

'I turn now to the rent increase notification received by me by e-mail today, 27th February 2023.

'On page 3 of the rent increase notification, under the heading 'When the proposed new rent can start', the legal requirements for when the increase can start are set out.

'Paragraph 14 states that three requirements must be met, viz 'the notice must comply with the three requirements'. This is unequivocal - all three requirements must be met. If one fails, then the rent increase notification is fatally flawed and becomes inoperable.

'Paragraph 15 sets out the first requirement, that applies in all cases. There are three bullet points that set out the different kinds of tenancy.

'The first bullet point refers to a monthly tenancy, therefore not applicable in our case.

'The second bullet point refers to a yearly tenancy, therefore not applicable in our case.

'The third bullet point covers 'all other cases'. This applies to us with a 6-month tenancy. It further states that the minimum period of notice to be given is the length of the period of the tenancy, that is, in our case, 6 months. In serving a notice of one month, the correct procedure has not been followed. Any notice of a rent increase has to be 6 months in advance.

'I therefore respectfully request that you give consideration to all of the points raised above, and provide me with an answer regarding the present notice of rent increase that you have served on me.

'I should also state at this point that I consider that the rent increase of £75 per month levied after a one-month notification last year was incorrect, and I seek a refund in full of 6 months overpaid rent, plus interest.'


So, people who rent, check your tenancy agreement in the light of the above. You may be getting screwed over...

 

[roydo]

Wou;ldnt open with it mate.

 

[n01efc]

It’s hard to comment on the above without seeing the whole agreement but sometimes the tenancy term is a six month period and then roles over to a monthly agreement. This changes the above if that’s the case as you are a monthly period.

 

[JimmyJeffers]

Personally would speak with Shelter first. Excellent charity

 

[john jako]

I’ve been a landlord and a tennant over the past few years. Tenancy agreements are a nightmare. General rule of thumb is if you are on fixed 6 month or 12 month tenancy you will not have your rent increased during that period.

End of the agreement they can put it up. You can refuse to pay but the landlord could just sell the property etc.

 

[JimmyJeffers]

I’ve been a landlord and a tennant over the past few years. Tenancy agreements are a nightmare. General rule of thumb is if you are on fixed 6 month or 12 month tenancy you will not have your rent increased during that period.

End of the agreement they can put it up. You can refuse to pay but the landlord could just sell the property etc.

Landlords always get a bad rep. Some chancers but most are decent in my experience.

 

[Old Blue 2]

It’s hard to comment on the above without seeing the whole agreement but sometimes the tenancy term is a six month period and then roles over to a monthly agreement. This changes the above if that’s the case as you are a monthly period.

I did go through the whole agreement before putting together the reply to the Agent. There is nothing in it that says the six-month tenancy reverts/rolls over to a monthly tenancy. And having done legal work for 3-4 years in the Government Department I worked in, I know that one cannot impute into a legal document something that is not there.

I think they've just banged out a rent increase notification, never suspecting that it may be challenged. I just wanted to give others a heads-up in case that is happening to them.

 

[everton fan number one]

I did go through the whole agreement before putting together the reply to the Agent. There is nothing in it that says the six-month tenancy reverts/rolls over to a monthly tenancy. And having done legal work for 3-4 years in the Government Department I worked in, I know that one cannot impute into a legal document something that is not there.

I think they've just banged out a rent increase notification, never suspecting that it may be challenged. I just wanted to give others a heads-up in case that is happening to them.

It happens with any AST at the end of the term, it becomes a monthly "statutory periodic tenancy" i.e monthly. Such tenancies were created by section 5 of the Housing Act 1988, thus why they don't need to be in the contract per se.

 

[Nymzee]

Not had a rent change in 6 years thankfully. Don't even know what contract I'm on.

 

[Old Blue 2]

I’ve been a landlord and a tennant over the past few years. Tenancy agreements are a nightmare. General rule of thumb is if you are on fixed 6 month or 12 month tenancy you will not have your rent increased during that period.

End of the agreement they can put it up. You can refuse to pay but the landlord could just sell the property etc.

We've been in since April 2015.

Here's a copy of a page of the rent increase notification received today. Note the points made in the three bullet points. Quite clear the length of notice required by law. Ours falls into the third bullet point. I'm not refusing to pay, as you can see from my initial post. I want them to explain why it's only one month's notification, not six.

 

[Old Blue 2]

It happens with any AST at the end of the term, it becomes a monthly "statutory periodic tenancy" i.e monthly. Such tenancies were created by section 5 of the Housing Act 1988, thus why they don't need to be in the contract per se.

If that is the case, then I'm sure they will advise me of this...

 

[everton fan number one]

If that is the case, then I'm sure they will advise me of this...

No doubt. You also have a right refer the matter to an adjudicator who will look at the rent at similar properties in the area and decide whether the increase is fair. You could do that research yourself and if they are charging too much compared to those properties you could politely put this to them.

On a statutory periodic tenancy-in ordinary circumstances-they could have you out in 2 months without you having any defence ( via a s21 notice). They can't do this if they serve the relevant notice is in retaliation to your refusal to agree to the rent increase. However, longer term, they'll probably be able to get rid of you if you cause too much hassle. So gritting your teeth and being diplomatic may be the best option unless the increase is ridiculous.

 

[DualityNSNO]

So glad I only happened upon decent people when renting in the UK.

Also so glad I don't have to rent anymore. I mean I have sold my soul to the bank, but no rent, hey!

 

[Old Blue 2]

No doubt. You also have a right refer the matter to an adjudicator who will look at the rent at similar properties in the area and decide whether the increase is fair. You could do that research yourself and if they are charging too much compared to those properties you could politely put this to them.

On a statutory periodic tenancy-in ordinary circumstances-they could have you out in 2 months without you having any defence ( via a s21 notice). They can't do this if they serve the relevant notice is in retaliation to your refusal to agree to the rent increase. However, longer term, they'll probably be able to get rid of you if you cause too much hassle. So gritting your teeth and being diplomatic may be the best option unless the increase is ridiculous.

I'm not refusing to pay the rent. I'm pointing out to them that the relevant legislation has not been followed (i.e. if they followed it correctly according to the tenancy agreement, they should have served me with a notice of rent increase last September).

You will see in the scan I posted up earlier, that it says in paragraph 14 that '...the notice MUST (my emphasis) comply...' That word must is not negotiable in a legal document.

If the Agent's legal team can show me that the increase is legally valid after one month, fine, I'll increase the rent. That's all I'm saying.

 

[bluejohn66]

If it goes titsup mate, I can lend you a tent ?