"How to" question from first time poster.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    "How to" question from first time poster.

    Please forgive my naivety in asking this question
    My father passed away six years ago and left me the family home (a small two bed semi) I decided to rent it out to supplement my income, I had a rent agreement drawn up by a letting agent and they completed there part of the deal by finding me a tenant, fast forward six years and I would like to increase the rent, there has been no rent increase for six years, I am unsure how to do this so would appreciate some advice, is it as simple as phoning the tenants up and setting a new rent, do I need to put it in writing or do I have to involve a solicitor, the tenants have a strong personality and do intimidate me so, I'm not so confident in dealing with them so would like some advice, as a side note when the letting agent drew up the contract they set a rent rise limit of 10% a year, the rent is £124 per week, and I thought about an increase of £6 per week.
    Thank you for any advice
    Jackie

    #2
    The tenancy agreement wording is going to be important.

    What does it say exactly about rent increases?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      For form to request rent increase is on here.

      Go to
      https://www.landlordzone.co.uk/documents
      Half way down ( mid-term docs )
      add email address and link sent to it so you can download.

      Tenant has to agre to rent increase.

      If they do not agree, then your choice to evict, or let them stay.

      Comment


        #4
        Hi JP, thank you for your reply, it took some finding, and apologises for my poor memory on the %, but this is the wording from my tenancy agreement

        9.2 Rent Review

        9.2.1 It is agreed that the rent as defined in this Agreement will be reviewed in an upwards only fashion on the anniversary of this tenancy and upon each subsequent anniversary in line with the Retail Price Index (RPI) increases for the previous 12 months and subject to a minimum of £5.00 per calendar month or 3%, whichever is the greater.

        Comment


          #5
          Thank you Ram

          Comment


            #6
            On the next contract anniversary, I'd simply write to the tenants and advise them that, in line with s9.2.1 of their tenancy agreement the rent is going to be increased to whatever.

            I'd remind them that you have forgone several years contracted increases, but it is time for the rent to be brought in line with the market.

            Include a s13 notice with the same rent, as that formally increases the rent.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              On the next contract anniversary, I'd simply write to the tenants and advise them that, in line with s9.2.1 of their tenancy agreement the rent is going to be increased to whatever.

              I'd remind them that you have forgone several years contracted increases, but it is time for the rent to be brought in line with the market.

              Include a s13 notice with the same rent, as that formally increases the rent.
              Problem is (although tenant probably won't realise..) that as the tenancy has clause covering rent increases, s13 form does not apply.
              9.2 Rent Review

              9.2.1 It is agreed that the rent as defined in this Agreement will be reviewed in an upwards only fashion on the anniversary of this tenancy and upon each subsequent anniversary in line with the Retail Price Index (RPI) increases for the previous 12 months and subject to a minimum of £5.00 per calendar month or 3%, whichever is the greater.
              see...s13(1)(b)
              http://www.legislation.gov.uk/ukpga/1988/50/section/13
              13 Increases of rent under assured periodic tenancies.

              (1) This section applies to—

              (a) a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and

              (b) any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                It was belt and braces.

                The mechanism is there, but it's previously been ignored.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by colchesterbaby View Post
                  Please forgive my naivety in asking this question
                  My father passed away six years ago and left me the family home (a small two bed semi) I decided to rent it out to supplement my income,
                  As an aside, has the property been registered in your name, please?

                  Have you been declaring the rental income received to HMRC?

                  Comment


                    #10
                    Yes to both questions WFD

                    Comment


                      #11
                      All good. You'd be surprised how many people overlook the land registry, which then causes them issues down the line.

                      Good luck planning the increase.

                      Comment


                        #12
                        If you are managing this property yourself you might want to do some training as the legislation governing tenancies has changed significantly over the period you've had the house and it is possible for unsuspecting landlords to get themselves into a lot of trouble if they inadvertently do the wrong thing.

                        Comment

                        Latest Activity

                        Collapse

                        • Dispute with landlord over deposit
                          MarieMB
                          I have recently moved out of a property and requested my deposit back (£2000) from my landlord which has been protected in My Deposits scheme. I paid rent every month on time and gave him the correct amount of notice prior to moving out. I left the flat clean and received an email response from him...
                          13-05-2018, 20:47 PM
                        • Reply to Dispute with landlord over deposit
                          MarieMB
                          Hi all,

                          Thank you for all of your responses. They are very helpful.

                          Mariner, to answer your questions, it was a joint tenancy, I am listed as the lead tenant and it is my name on the deposit scheme. He took out the insurance option, which means he has spent the money. What...
                          27-05-2018, 13:10 PM
                        • Gdpr
                          serendipity129
                          Reading so much conflicting information.....I have 1 property, 1 tenant and I hols and electronic contract and have their email address, should I register and send a privacy notice?
                          24-05-2018, 09:43 AM
                        • Reply to Gdpr
                          JK0
                          Thing is, if that were the case, now the law is in place, it is too late to email anyone to ask for consent for future emails. ...
                          27-05-2018, 10:58 AM
                        • Reply to Gdpr
                          Stef Cooke
                          Rarely! And the number of large corporations who got it all wrong, some of whom are now trying to say they are sorry, can they take it all back?

                          I am holding off with the "I told you so's" for the more stridently convinced colleagues who were so rudely certain they had to ask...
                          27-05-2018, 10:14 AM
                        • moving furniture in before official occupation date.
                          ShinyTim
                          Thats it really, would you let tenants move their furniture in, before the official date on the t/a
                          they have paid the deposit and the 1st months rent, signed the agreement, and have been offered a free van to use on a date a week before I am to give them the keys

                          have been a landlord...
                          23-05-2018, 09:33 AM
                        • Reply to moving furniture in before official occupation date.
                          wfd_property
                          I would allow the day before, but with them wanting a week prior, adjust the date as others have already said.
                          27-05-2018, 09:21 AM
                        • Tenancy break up
                          Captain Birdseye
                          Hi hope someone can help with this situation.

                          Tenants have been with me for over a year and signed joint tenancy. Now on a periodic tenancy the lead tenant has given me 1 months notice to vacate the property due to relationship break down. The other person wishes to stay in the property...
                          26-05-2018, 10:49 AM
                        • Reply to Tenancy break up
                          Captain Birdseye
                          ideally no i do not want tenants on benefits but the tenant does actually work but may also look to claim to help out. To be fair they have not been bad tenants but have just had relationship break down. in a way i agree about a clean sweep but if i force them out they may dig their heels in and sit...
                          27-05-2018, 08:06 AM
                        • Reply to Tenancy break up
                          Interlaken
                          Negotiate. Do you want tenants on HB? Is the partner left at the property able to pay the rent? If it were me I would go for a clean sweep and start again with 2 working tenants - the best conbination on getting rent paid.
                          27-05-2018, 07:51 AM
                        Working...
                        X