Help please! Relentless and unreasonable rent increases

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    Help please! Relentless and unreasonable rent increases

    Hi all,

    You were all so helpful when I posted on here last year, so I wanted to return and hear your thoughts on the following.

    I moved into a one-bed property in Brighton a year ago. The previous tenant was paying £635pcm when she moved out, and my rent on moving in was £695. I assumed (maybe stupidly) that having just increased the rest by 9.5%, the landlord I'd be safe at this rent for a decent amount of time. Six months after moving in, the rent increased to £715 (a further 3%, and a gross increase of 13%). I voiced my concern at this phenomenal increase in just six months, but in vain, and so had to take it on the chin. I have just received a letter, six months after the last hike, informing me that rent will be increasing yet again, this time to £740pcm, making a whopping gross rent increase of 17% in 12 months. While I will be getting some legal advice on this, I am intrigued as to what you other professionals think of this practice.

    Just F all YIs, I am a model tenant: never paid rent a day late in over a decade of renting, keep all my places very well, and generally leave them in a better state than I find them. If you'll indulge me on a slightly emotional ending note, I can't help but get upset that the tenant/landlord relationship is often so antagonistic and confrontational from the get-go. I know there must be bad tenants about, and there are clearly good landlords about (all your responses to my previous posts have been very helpful, and even very kind and indignant in my defence!) – it just seems a shame that we always seem to be fighting with one another.

    Anyway, thank you for reading, and indulging me in my slightly soppy ending! Any ideas or thoughts would be very gratefully received.

    Kindest regards all.

    #2
    Did you sign new ASTs when rent increases occurred or is LL increasing rent on orig AST?
    My understanding is that a rent increase during same AST can only be made every 12 months by service of s13 Notice ( unless rent review period is specifically mentioned in AST) s13 gives you 1 month to accept, appeal to rent assess committee or move. Your status as 'model tenant' is only rel to LL and his wish to cash in on rent inflation in SE.

    Comment


      #3
      Originally posted by tenant_ View Post
      The previous tenant was paying £635pcm when she moved out, and my rent on moving in was £695. I assumed (maybe stupidly) that having just increased the rest by 9.5%, the landlord I'd be safe at this rent for a decent amount of time. Six months after moving in, the rent increased to £715 (a further 3%, and a gross increase of 13%). I voiced my concern at this phenomenal increase in just six months, but in vain, and so had to take it on the chin. I have just received a letter, six months after the last hike, informing me that rent will be increasing yet again, this time to £740pcm, making a whopping gross rent increase of 17% in 12 months.
      Just to pick you up on this aspect - it matters not one iota to you what the previous tenant was paying: not relevant at all. So, notwithstanding the rights and wrongs of the increase (see Mariner's post), the hike you have suffered is actually 6.5% in 12 months, not 17%.

      As we don't know what the market rents are in your area, it could be that £635 was grossly undervaluing the property (who knows, maybe £740 still is?)

      I can't help but get upset that the tenant/landlord relationship is often so antagonistic and confrontational from the get-go. I know there must be bad tenants about, and there are clearly good landlords about
      Personally speaking, I always have perfectly cordial relationships with my tenants... I suppose you could discount the two I've had to evict over the years due to non-payment of rent, but even then, one of those actually stuck out his hand for shaking when I went in with the bailiff. (Which actually was a bit weird, I have to say...)

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        #4
        This may be useful...

        http://tenancyanswers.ucoz.com/index..._increase/0-42

        Comment


          #5
          Does the wording of rental increases within the statute allow increases every 6 months even by mutual agreement? I'm not so sure it does.
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

          Comment


            #6
            Why don't you find somewhere else to live if the price is to high for what it is?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by MrJohnnyB View Post
              Does the wording of rental increases within the statute allow increases every 6 months even by mutual agreement? I'm not so sure it does.
              Anything is allowed re. rent with mutual agreement HA1988's section 13 is only meant to allow LL to "secure" a rent increase. But imo, he and T can agree anything as they would if agreeing to a new tenancy.

              Comment


                #8
                Originally posted by jjlandlord View Post
                Anything is allowed re. rent with mutual agreement HA1988's section 13 is only meant to allow LL to "secure" a rent increase. But imo, he and T can agree anything as they would if agreeing to a new tenancy.
                I know that section 13 of the 1988 Act only refers to periodic tenancys but I thought I read somewhere else about some leasehold reform which extended it. It could well be a dream I had though - they're often THAT exciting!
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                Comment


                  #9
                  Originally posted by MrJohnnyB View Post
                  Does the wording of rental increases within the statute allow increases every 6 months even by mutual agreement? I'm not so sure it does.
                  Certainly, increases under s13 can only happen every 52 weeks - but reading the statute (IANAL) that 52 weeks seems to be since an increase under s13. So if the last increase was a contractual one (say new AST) then s13 seems to be useable before the 52 weeks.

                  Comment


                    #10
                    Originally posted by mariner View Post
                    Did you sign new ASTs when rent increases occurred or is LL increasing rent on orig AST?
                    My understanding is that a rent increase during same AST can only be made every 12 months by service of s13 Notice ( unless rent review period is specifically mentioned in AST) s13 gives you 1 month to accept, appeal to rent assess committee or move. Your status as 'model tenant' is only rel to LL and his wish to cash in on rent inflation in SE.
                    I believe that s22 of the Hsg Act 1988 states that an AST tnt may apply to a rent assessment committee for the determination of the rent to cover the first six months after the grant of an AST. however, they do not have the power to determine the rent unless there is a sufficent dwellings in the locality let on on assured or assured shorthold tenancies. They may only do so if the rent is significantly higher than a market rent. Google average market rents for your postal code sector - to get an indication of rents in your area

                    Comment


                      #11
                      Conflicting advice
                      OP should appeal to RAC and let them decide if they have jurisdiction, then report back.

                      http://www.direct.gov.uk/en/HomeAndC...utes/DG_191684

                      Comment


                        #12
                        But of course also be aware that the next thing in the post will probably be a S21. My view is that I would hate a LL like the one described so that would be fine but if the OP wants to stay it is worth thinking about
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

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