Landlord increases rent during contract

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

    Landlord increases rent during contract

    Hi Everyone,

    I am renting a room (6-month AST) in a house-share situation where the landlord (LL) is non-resident. At the time my mother was staying with me, and still is. Now, 4 months into the contract, LL has sent me a notice substantially increasing the rent from the next rental period.

    I immediately sought advice from the CAB and local council, both of whom advised that rent cannot be increased for any reason (other than mutual agreement) while the contract is in force. Accordingly, I advised LL I would continue to pay the current rent until the expiry date, and offered a lesser increase thereafter.

    The response ? A reminder me that I had breached the sublet clause by letting Mum stay on.

    I have now decided that we will move out when the contract ends as I feel the propsed rent increase is too sharp. I have considered withholding the final rent as I suspect LL may try to withhold the rent increase (which I am refusing to pay) from the tenancy deposit.

    1. Have I actually "breached" the sublet clause ?
    2. If yes, does this then entitle LL to increase the rent before contract expiry date ?
    3. Is LL in "breach" by increasing rent before contract ends ?
    4. If I keep paying current rent till the last day, can LL recoup rent increases which I refused to pay from my deposit ?
    5. Can I legally withhold the last rent, in anticipation of tenancy depositit being directed towards it ?
    6. Provided I leave my room clean and tidy, with no damage, shouldn't I get my deposit back ? Who will ensure that this happens ?

    I hope someone can advise, so I thank you in anticipation !

    #2
    As you said, she was staying with you, she wasn't a tenant, so how is that subletting?

    Comment


      #3
      Originally posted by looking4info View Post
      As you said, she was staying with you, she wasn't a tenant, so how is that subletting?
      Yes, but when does a long term houseguest become, effectively, another resident? Even if she is paying no rent, it's still an extra person causing wear and tear on the property. The Ll may have been aware that she was staying at the start of the tenancy, but may not have realised that T and mother saw it as a permanent arrangement.

      This question (of whether it's OK to let other people move into a rented proerty, who are not named on the TA) is a vexed one and has been visited a number of times on this forum.

      I think it will hinge on the wording of, and a court's interpretation of, the TA (if it gets that far). However, whether or not it is deemed to be illegally subletting, the LL does not have the legal right to increase the rent during the fixed term, only at the end as it becomes periodic and thereafter no more frequently than yearly.

      Re deposit : was it protected in a scheme, or not? Were you given the details of this scheme by your LL?

      If not, you can sue him for 3x your deposit and he certainly won't be keeping any of it. Even if he has protected it, he cannot claim any of it to cover an illegal rent increase.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Thank you for your advices.

        No, we now realise LL didn't give us any details about what he did with the security deposit. He thought (at the time) Mum was staying just a few weeks ...... it all seems irrelevant now.

        Just want to take Mum and leave the place. Can the contract be broken if both parties agree ? I am willing to keep paying the normal rent till the end of the contract if I must, then leave and get my deposit back.

        I intend to seek legal advice, as I want to go by the law, but don't want to be taken advantage of.

        Comment


          #5
          Originally posted by clothespeg View Post
          Thank you for your advices.

          No, we now realise LL didn't give us any details about what he did with the security deposit. He thought (at the time) Mum was staying just a few weeks ...... it all seems irrelevant now.

          Just want to take Mum and leave the place. Can the contract be broken if both parties agree ? I am willing to keep paying the normal rent till the end of the contract if I must, then leave and get my deposit back.

          I intend to seek legal advice, as I want to go by the law, but don't want to be taken advantage of.
          Yes, contract can be broken with mutual agreement but I doubt LL will agree to that at this stage unless...you write to him asking for details of the tenancy deposit protection scheme into which he should have put your deposit within 14 days of receiving it. If he hasn't protected it, this will really put the wind up him as it could cost him 3x the deposit. If he has protected it, he should still have supplied you with the details, ref nos to claim it back, etc. and he is breaking the law by not doing so.

          If he has protected it, he could theoretically hang on to it when you move out if he intends to pursue you over the 'subletting' issue. However, if all you want to do is go, and you're willing to pay the rent until end of fixed term, do that.

          If you discover he hasn't protected it (I have a hunch he hasn't), you have a lot more bargaining power, so it wouod be worth finding that out first before you go to a solicitor.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            A very good friend (who used to be a landlord many years ago) has strongly advised me to move out as soon as possible and not pay the last 1.5 month's rent. The argument for this is that LL himself has effectively broken our agreement by demanding a higher rent, so the contract becomes void and I will be within my rights.

            I am not sure about this. What will happen if I take this advice ? How would it be viewed by the court (if it comes to that) ?

            Please help as I am now confused.

            Comment


              #7
              Sorry, I forgot to ask as well, can LL legally ask my mother to leave, as he was making noises about that ?

              Comment


                #8
                He can do whatever he likes. However to "legally" demand - with any hope of enforcing his demand - he would have to go to court. Which isn't going to happen within 6 weeks.

                Comment

                Latest Activity

                Collapse

                Working...
                X