Rent Increase - notice

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  • Rent Increase - notice

    Sorry to create a repeat post, i know i would find my answer in a search, but the search facility isnt working for me...
    I am coming to the end of a 6 mth AST, renewing of contract on 1st May. Today my landlord informed me of a £5 a week rent increase, as he said i want a 12 month contract, and he wants to put the rent up at some period, so he said he will do it at the start of the new AST.
    However this leaves me unstuck this month... Is he expecting the extra money in this months payment? (1st May) As to me it seems a bit short notice. What notice should there be on a rent increase?
    TIA
    Pink.

  • #2
    If your tenancy was a six month fixed tenancy and he correctly served you with a S21 to expire at the end of that tenancy, then you have the choice of leaving or signing a new contract at the higher rate.

    If he hasn't served a S21 then your AST becomes a statutory periodic tenancy unless you sign a new one and if your contract is silent about how rent increases are to be applied, then they can only be increased once a year by the landlord serving a S13 which must be in the prescribed format.

    You could always refuse to sign a new contract, in which case he will almost certainly either negotiate with you or serve you with a S21 and then back to my first paragraph for what happens next!!

    Comment


    • #3
      Interesting
      I'm in a position where I actually want to get rid of tenants
      Have issued a section 21 a section 8 and am now going to go through the court procedure
      The tenants have not had a rent increase for 15 months now

      Even though I am in the process of evicting can I legally increase the rent?
      (sorry for interrupting your valid thread) but thought it relevant with the above point

      Odd for the landlord to just increase the rent by £5 a week - hardly seems worth it!

      Comment


      • #4
        Originally posted by sti5brigade
        Interesting
        I'm in a position where I actually want to get rid of tenants
        Have issued a section 21 a section 8 and am now going to go through the court procedure
        The tenants have not had a rent increase for 15 months now

        Even though I am in the process of evicting can I legally increase the rent?
        (sorry for interrupting your valid thread) but thought it relevant with the above point

        Odd for the landlord to just increase the rent by £5 a week - hardly seems worth it!
        As you need to give a month's notice to increase rent it hardly seems worth it considering you have already issued a section 21. In any case, as you have issued a section 8, would they pay it? As for a £5 per week increase, depends on the rent but that could easily represent a 4% plus increase, yes, it is worth it.

        Comment


        • #5
          No S21 was issued at the start of the tennancy. We discussed the tennancy renewal in March, as i wanted to confirm that i could renew,and asked for a 12 month contract. He confirmed this, and we agreed to continue with a 12 month AST on the date that the 6 month AST expired (1st May).
          Nothing has been issued in terms of notice for rent increase, just a phonecall this evening.
          SO am i correct in thinking he should have given one months notice for a rent increase? I dont want to antagonise him, or cause problems, but i simply wont be able to find the extra £21.66 for this month. Next month will be fine, but ive already planned all my money for the month, and its all been accounted for, and any excess income has been spent.
          Thanks.
          Pink

          Comment


          • #6
            Although I would never expect a tenant to pay more rent without at least one month's notice of the increase, I believe your landlord is within his rights as he is expecting you to sign a new AST, but at least he is now giving you 12 months security of tenure. The best way forward I would suggest is to contact your landlord and explain the situation, due to the very short notice of the increase you have received. He may be prepared to accept the increase for the month that you can't pay in small amounts over the following month or so.

            P.P.
            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

            Comment


            • #7
              Originally posted by sti5brigade
              Even though I am in the process of evicting can I legally increase the rent?
              Yes but your tenants can challenge it which is probably a longer process than the eviction process, flipping eck its complicated enough already haven't you got any hobbies to keep you occupied

              Comment


              • #8
                Originally posted by PinkGlitterGirl
                Today my landlord informed me of a £5 a week rent increase ... Is he expecting the extra money in this months payment? (1st May) ?
                Try consulting a medium, or an astrologer. Or, if all else fails, why not ask him?
                Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                Comment


                • #9
                  Originally posted by PinkGlitterGirl
                  Sorry to create a repeat post, i know i would find my answer in a search, but the search facility isnt working for me.
                  The search facility does not seem to work on the main page but if you open any thread you should then find that search facility works from there.

                  Comment


                  • #10
                    Very helpful lawstudent.

                    Thank you energise, ill give that a try.

                    Comment


                    • #11
                      Technical point but nevertheless valid. If the landlord offered you a new tenancy, before you actually asked for a new one, then that would have invalidated the S.21 Notice by that action.
                      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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