Rent increase not documented correctly

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    Rent increase not documented correctly

    Hi forum...

    I'd like to ask if anyone has any experience with rent increases. Since my tenancy began in September 2009, I have not had any increases in rent - I currently pay £750pcm, directly to the landlord and have no dealings with agencies etc. The landlord has recently written to me stating that the rent will be increasing as of the 14th March 2011 from £650pcm to £675pcm. Obviously this is a reduction of £75pcm on what I currently pay and not the £25 increase I assume they want!!

    As I have this in writing from the landlord can I plead ignorance, change my standing order to £675pcm and then when/if the landlord notices the reduction in what they are receiving, request that they put the actual rent increase they want in writing again for the value which they wish it to be, requesting the months notice which they have to give me as stated in the tenancy agreement?

    Any help much appreciated

    #2
    It depends what relationship you want with your landlord.

    If you want a good one, I would write to him, pointing to the obvious error in the letter and asking him to confirm what he intends the rent to be.
    If you want any other kind of relationship, change your S/O and see what happens.

    In addition, if you are on an existing tenancy, the LL can only increase the rent if it is provided for in the tenancy agreement.
    If not, it must be with your consent in any other circumstances.

    If you do not agree to the rise, the LL must issue a section 13 notice, a notice that you can challenge by getting the local council involved.

    Comment


      #3
      I think you have to put this one down to clerical error.

      Comment


        #4
        Originally posted by Lawcruncher View Post
        I think you have to put this one down to clerical error.
        Does clerical error stand up for them if they decided to pursue me for the difference in rent which I have no doubt they will seek? It seems a little unfortunate on behalf of all the tenants out there that my proposed "clerical error" will result in nasty phonecalls and letters etc. but when the landlord makes a similar error, I can not hold them accountable. You would think that if they are taking £750pcm off me, they could at least have the foresight to word their letters correctly!!

        Comment


          #5
          I think we have the answer to the first question in my reply.

          Comment


            #6
            The letter clearly says that your rent is increasing.

            Originally posted by DrunkenJedi View Post

            In addition, if you are on an existing tenancy, the LL can only increase the rent if it is provided for in the tenancy agreement.
            If not, it must be with your consent in any other circumstances.

            If you do not agree to the rise, the LL must issue a section 13 notice, a notice that you can challenge by getting the local council involved.
            The landlord can issue a Sec 13 in the 1st instance.

            The tenant can challenge it, but based on the little information the OP has supplied, it would be futile.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by edno99 View Post
              Does clerical error stand up for them if they decided to pursue me for the difference in rent which I have no doubt they will seek? It seems a little unfortunate on behalf of all the tenants out there that my proposed "clerical error" will result in nasty phonecalls and letters etc. but when the landlord makes a similar error, I can not hold them accountable. You would think that if they are taking £750pcm off me, they could at least have the foresight to word their letters correctly!!
              I think the point is this:

              The landlord can only increase rent (without the tenant's agreement) by serving a section 13 notice. If what you were sent was not a section 13 notice, whether it is right or wrong is irrelevant and you can ignore it. If it was a section 13 notice there is a strong argument that it is invalid, but there is a counter argument that you were not misled and that there was an obvious clerical error since an increase cannot involve the rent going down. What you certainly cannot argue is that your rent has gone down since the section 13 procedure is only available for increasing rent.

              Comment


                #8
                The OP needs to tell us if they have a new fixed tenancy, when it started, for how long is the term, if there is a clause providing for a rent increase (and by how much), as this will determine if the LL can raise the rent and when.

                Comment

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