Rent increase - S21 notice period

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    Rent increase - S21 notice period

    Hi my assured shorthold tenancy comes to an end tomorrow. I was served with a S21 notice a while back. It expires in October. Can my rent be increased during the S21 notice period or does it have to stay the same till the end of the notice period?

    #2
    Since you might still be there a year after the S21 is issued I can't see any reason usual rent increases should not apply.

    Comment


      #3
      What was the reason why the S21 was served, if it was due to rent arrears, I doubt very much an increase will help only add to the increased rent arrears.

      Rents can increase regardless if a notice has been served. You have been given a period of time to find alternative accommodation, I would use this time to find somewhere and keep your T record in good standing, as well find a better affordable property, before someone else does and your left with expensive properties when the eviction starts.

      Comment


        #4
        How was rent increase proposed? Formal Section 13 notice (giving details of how to challenge increase) or informally by email or txt or letter, please?

        You can ignore informal notice. Or do you want a landlord reference?

        You could always propose rent decrease to landlord...
        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


          #5
          Hi,
          As said, yes it can, are you currently in arrears or has the S21 been issued because the LL simply wants to sell or live in it ? As a LL i would not increase the rent during a S21 as i would want to keep on the best terms with the tenant (if no arrears up to that point), but all LL's think differently. In terms of proposing a rent decrease, true you can, but given how crazy the purchase and let sectors are out in the wide world i doubt it is a realistic proposition, unless you live in a 3rd world hell hole where not even the UN would venture then all rents have gone up.... a lot in some places. The market for decent rental properties is fierce, i would keep on the best terms with the LL (think reference here), and put all my efforts into finding another home. Good luck.

          Comment


            #6
            Originally posted by Hudson01 View Post
            Hi,
            As said, yes it can, are you currently in arrears or has the S21 been issued because the LL simply wants to sell or live in it ? As a LL i would not increase the rent during a S21 as i would want to keep on the best terms with the tenant (if no arrears up to that point), but all LL's think differently. In terms of proposing a rent decrease, true you can, but given how crazy the purchase and let sectors are out in the wide world i doubt it is a realistic proposition, unless you live in a 3rd world hell hole where not even the UN would venture then all rents have gone up.... a lot in some places. The market for decent rental properties is fierce, i would keep on the best terms with the LL (think reference here), and put all my efforts into finding another home. Good luck.
            ^^^ Exactly that. Lots of properties have been pulled from the market and only the very best tenants can find places to stay, and at vastly increased rents in many areas. Tenants have been massively damaged by government (and Shelter) initiatives to "help" them. It is not the time to play games as a tenant - abusive/obstructive tenants will not find anywhere to live - and rental rates have increased dramatically (most of that cash goes to lawyers, various middle-men and rogue tenants) - no reason you should be absolved.

            Comment


              #7
              LL wants to sell. No issues with rent arrears. Just wondering whether it can be raised once tenancy ends and S21 notice kicks in. Does LL have to give any notice before raising rent? What's to stop LL raising it so high just to get me out sooner?

              Comment


                #8
                Originally posted by Stylefox12 View Post
                LL wants to sell. No issues with rent arrears. Just wondering whether it can be raised once tenancy ends and S21 notice kicks in. Does LL have to give any notice before raising rent? What's to stop LL raising it so high just to get me out sooner?
                What stops Tesco from charging you £8000 for a tin of beans?

                Either you consent to a rent increase, or L serves you with a formal notice (there is an appeals procedure if it is way higher than market rates - which it is unlikely to be if you have not already had a rent increase in the face of massively rising rates of rent). I would have thought in many areas an increase of 10% at least would be reasonable right now if your rent has not increased in the past year.

                It is called human freedom. You get offered something - if you don't like the offer you go elsewhere.

                I'm just not clear why you think you don't have to pay for what you use?

                Comment


                  #9
                  So is there a notice period before any rise comes into effect during S21?

                  Comment


                    #10
                    Originally posted by Stylefox12 View Post
                    So is there a notice period before any rise comes into effect during S21?
                    The S21 is irrelevant. A rent increase during a periodic tenancy involves notice. If you don't want to be obstructive you can also agree to a rent increase, at least in line with market rates.

                    Comment


                      #11
                      Yes but the tenancy has ended, so if LL wanted to increase the rent tomorrow how many days notice does he need to give

                      Comment


                        #12
                        If Landlord is keen to sell promptly, a wise landlord would be being helpful and friendly, perhaps offering inducement, rather than in your case being unecassarily aggressive and mean. In your shoes I'd be inclined to dig heels in.

                        Sadly, being stupid is no bar to being a Landlord (nor agent, nor tenant...). E.g. me!
                        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
                          Originally posted by Stylefox12 View Post
                          Yes but the tenancy has ended, so if LL wanted to increase the rent tomorrow how many days notice does he need to give
                          The tenancy has not ended. It ends when you hand back the keys and move out.

                          It will be a periodic tenancy. If you force the L to serve notice he will have to give you one full rental month of notice (giving a delay of up to 2 months). If forced to delay I would generally propose a slightly higher rate of increase to balance it out.

                          I should say that under the current circumstances I would be wanting to have detailed discussions with any previous landlord(s) face to face - so just as any decent landlord needs to think about their reputation it cuts both ways. You can (and should) insist on not being bulldozed or taken advantage of -- but on the other hand should be wary of not being a pillock and that this might cause you serious harm.

                          If the notice ends in October you will not have to pay a rent increase before then unless you received formal notice of that increase. Are you planning to stay after October - otherwise why are you objecting so much?? If you are planning to stay why do you think you should not pay market rent?

                          I don't agree with artful that there is any evidence the L is being mean (though he/she might be). They might be stupid, but if you might stay on for another year or two whilst carrying on rigmarole, not increasing the rent is pretty stupid.

                          Comment


                            #14
                            Not objecting simply want to know where I stand. Not in arrears, not a bad tenant, relax all is well. No crime in wanting to know where you stand. So the tenancy ( 1 year term is up) has ended, if LL wants to raise rent for next couple of months before I leave he has to give me a months notice to do so, correct?

                            Comment


                              #15
                              If your Tenancy has ended then it has automatically become a periodic tenancy, all the terms of the original tenancy are the same, if the LL wants to increase the rent they would need to provide you with a min. of 1 months notice of any rent increases. If they have formally given you notice of a rent increase via a section 13 notice, then it will explain what you can do if you disagree with it.

                              Comment

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