Rent increase - tenancy agreement

[Rob17896]

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

Hello from planet earth

 

[degsy]

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...

May?
No  may about it mate - if you can, push them all the way.

 

[Old Blue 2]

May?
No  may about it mate - if you can, push them all the way.

As I have put in another post, degsy, having worked on legal matters for 3-4 years while a civil servant, representing the Department at tribunals, at the moment I have simply put the case that they appear to have incorrectly worked outwith the law, ultra vires, as it is called. They need to come back to me with cogent reasoning and a legal argument that what they have done is correct. I understand I have to pay the rent increase, I'm not disputing that. What THEY have to do is be correct in serving the notice and when the increase comes into effect, in accordance with rental legislation. That's all.

 

[GrandOldTeam]

I figured a lot would see rent go up as mortgage rates go up.

Those with buy-to-let mortgages a few years back will have a big increase.

 

[JimmyJeffers]

I figured a lot would see rent go up as mortgage rates go up.

Those with buy-to-let mortgages a few years back will have a big increase.

For some people for sure. Spoke to a landlord who was shocked by prices round me and but I’ll guarantee when he re-lists his place he’ll add an extra couple of hundred on as well without any personal financial pressure to.

 

[Joey66]

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

Any tenancy agreement you should go via a witness e.g. CAB or a good solicitor before you sign it - for instance if you buy a property you use a solicitor .. My daughter is now having a problem up in Edinburgh as her rented accommodation her gas boiler is broke & the Landlord is dragging his feet on getting a new one to replace it - I will use my insurance solicitor if need be for her as most house insurance companies offer you legal cover for a minimal charge per annum .... always handy to have at your disposal ...

 

[GrandOldTeam]

For some people for sure. Spoke to a landlord who was shocked by prices round me and but I’ll guarantee when he re-lists his place he’ll add an extra couple of hundred on as well without any personal financial pressure to.

No doubt. I saw the other day that the 2 bed, tiny, new build semi-detached house I rented in 2017 at £550 is now £800 per month. Mad.

 

[Old Blue 2]

May?
No  may about it mate - if you can, push them all the way.

This is my latest reply. As you see, they have skirted the actual content of Section 13 of the Act, and quoted Section 15, which is completely off-topic!

'Thank you for your reply, and the detailed explanation therein.

'Perhaps I should first of all mention that when I was in work (I am retired), I worked as a civil servant for nearly 33 years, and part of my duties at one time, between 3-4 years, was being involved in legal matters - representing the Department at Tribunals, and working to Acts of Parliament and any amending regulations. I have no problem, therefore, in examining the complexity of Acts of Parliament and, in this case, the Housing Act 1988.

'You reference Section 13. May I respectfully suggest you call up Section 13 of the Housing Act 1998 and read sub sections '2' and '3'. Those two sections set out clearly what can be done with regard to a rent increase, and how it has to be implemented. They are 'stand-alone'. Sub section '3' is not negotiable. There is no reference to any other section in the act in sub section '3.'

Furthermore, you reference Section 15. I don't know why you have referenced this section, as it relates to 'Limited prohibition on assignment etc. without consent.' Quite what that has to do with a rent increase, I do not know.

Please understand, I am not disputing the right of the landlord to increase the rent, nor of the landlord's agent to issue a notice of rent increase. My point is that by wanting the rent increased as from the end of March 2023, you are breaking the law as defined in Sections '2' and '3' of the Housing Act 1988.

I look forward to your further views on the matter.'


It will be interesting to see what they come back with.