Rent increase - do I need to pay

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    Rent increase - do I need to pay

    Hello.

    I am just about to end my tenancy.

    I received a rental increase form a couple of months ago which I didn’t sign and return as I knew I’d be giving notice and did not agree to the increase.
    I received one the year before which I also didn’t sign and return, but I agreed to the rental increase and just increased my payment. It was important I kept the tenancy and just had to find the money.


    If I did not sign this latest rental increase form nor increase my rent, can my landlord rightly withhold part of my deposit for “unpaid rent” when I move out?


    Thank you.

    #2
    Was it a "section 13" notice? If so by now you've missed the chance to appeal & will have therefore agreed to it
    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


      #3
      Not sure, I’ll have to check with the landlord.

      It can be implemented if I don’t agree to it or sign it?

      Comment


        #4
        If it's a section 13 notice (and it's valid), you are liable for the new rent when the notice comes into effect unless you appeal and win.
        You don't need to sign or agree to the increase.

        If it wasn't a s13 notice, you have to agree to the increase.
        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


          #5
          So it’s even worse if it’s not a section 13? I just have to accept it? How is that morally acceptable when I don’t see any increase in my own income?

          Comment


            #6
            If it is not a s13 notice, unless YOU start paying the increase it has no legal effect.

            But remember thanks to Thatcher's 1988 Housing Act a landlord can evict you for no reason at all - he does not need a reason - using a s21 notice.

            Sorry, nasty world.
            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


              #7
              I'm guessing that as the tenant is due to be leaving of their own accord, they are not worried about a section 21.

              Comment


                #8
                Originally posted by TheFoxes View Post
                So it’s even worse if it’s not a section 13? I just have to accept it? How is that morally acceptable when I don’t see any increase in my own income?
                No, the reverse - my clumsy phrasing.

                You have to accept a s13 notice or appeal it.
                If the notice isn't a s13 notice (or it isn't a valid one) you would have to agree the new rent (or start paying it) before it became effective.
                If you didn't agree it or start paying the new rent, it would have no effect and the rent would be the same as before.
                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
                  OP, many people have taken a pay cut yet stll pay the rent.

                  Comment


                    #10
                    Originally posted by mariner View Post
                    OP, many people have taken a pay cut yet stll pay the rent.
                    I don't see how that is relevant to this situation.

                    Comment


                      #11
                      Originally posted by TheFoxes View Post
                      So it’s even worse if it’s not a section 13? I just have to accept it? How is that morally acceptable when I don’t see any increase in my own income?
                      If you are on a periodic tenancy then you agree by staying on (in much the same way that you would if you stayed permanently in a hotel and they decided to increase the rent - except the timescale here is months not one day)

                      If it is a fixed term tenancy then it cannot be imposed, but if you don't agree sign a new fixed term contract it will become a periodic tenancy.

                      Rents are obviously increasing (in most, but not all areas) due to the costs-impact of legislation and the potential change of government.

                      The general rule is that if you think the rent is too high you say so, and if the parties disagree then you vote by leaving and finding somewhere more appropriate for you. If the rent really is too high for the market then the property will remain untenanted.

                      Comment


                        #12
                        Nothing to stop you proposing a rent decrease. Their reaction may be amusing.

                        Use a form 1
                        https://www.gov.uk/guidance/assured-tenancy-forms

                        Form 1: notice proposing different terms for a statutory periodic tenancy

                        This form can be used by either a landlord or a tenant to propose changes to the terms of a statutory periodic tenancy.
                        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


                          #13
                          Thank you for the replies. I’ve decided to email the agent to ask if the landlord would be willing to waive the increase as a gesture of goodwill. I’ve been a solid tenant. Got nothing to lose really, have I.


                          Originally posted by mariner View Post
                          OP, many people have taken a pay cut yet stll pay the rent.
                          That doesn’t really have anything to do with my situation about a landlord increasing the rent with no proof of increased costs.
                          My next door neighbour also received a rental increase for his property, which is identical to the one next door to him that was advertised at the same time at 12% cheaper than the increase he was just asked to pay.

                          Bottom line is, the landlord can charge whatever he likes, and I’m vehemently against such power over the rental market. Hope it changes soon for other renters, and I’m glad I’ve managed to get out of it.



                          Comment


                            #14
                            Originally posted by TheFoxes View Post
                            Thank you for the replies. I’ve decided to email the agent to ask if the landlord would be willing to waive the increase as a gesture of goodwill. I’ve been a solid tenant. Got nothing to lose really, have I.
                            Nope.

                            Bottom line is, the landlord can charge whatever he likes, and I’m vehemently against such power over the rental market. Hope it changes soon for other renters, and I’m glad I’ve managed to get out of it.
                            That's true of pretty much everything you buy (including your own home).
                            Nothing is linked to the cost of providing the service or item - it's linked to what people can pay.

                            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


                              #15
                              Originally posted by jpkeates View Post
                              Nope.

                              That's true of pretty much everything you buy (including your own home).
                              Nothing is linked to the cost of providing the service or item - it's linked to what people can pay.
                              You've just broken the primary argument governments use for deregulation, and privatisation.

                              That argument is that in a "properly functioning" market, prices will be forced down to cost plus a small profit margin.

                              The problem is that many markets are not properly functioning. In the case of the residential rental market that is because;

                              - there is an excess of supply over demand;

                              - people can't realistically choose not to buy;

                              - it is very disruptive to change suppliers;

                              - to some extent sellers can discriminate against people who exercise the power of their feet.

                              Centre and rightist governments consider markets good because they believe they force prices down, not because they will extract ever last available penny from buyers.

                              Comment

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