Statutory Period Tenancy - can the rent be increased?

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    Statutory Period Tenancy - can the rent be increased?

    Hi,

    I've been in the same property for three years now, on 15/09/09 I signed up to a 12 month assured short hold tenancy, then on 15/09/10 I was asked to sign another assured short hold tenancy (at a cost of £200) for another 12 months at the same rental cost.

    On 15/09/11 I was again asked to sign another assured shorthold tenancy, but didnt get round to doing anything with it, so I was automatically out onto a statutory periodic tenancy at the same rental cost.

    Today I have received a letter reminding me my tenancy will terminate on 15/09/12, and proposing that I take out another 12 months at an increased rent.

    So, a few questions...
    1) Does a statutory periodic tenancy actually terminate - I had assumed it continued indefinitely?
    2) If I am already on a statutory periodic tenancy can my landlord force me to go onto another assured shorthold tenancy? (I would prefer the flexibility of not being tied in)
    3) What are the rules around increasing rent once on a statutory periodic tenancy? I cannot see a rent increase clause in my AST contract, and the proposal is over 12% increase, which seems pretty steep considering we're meant to be in a recession!

    All help much appreciated!

    #2
    To put it simply, the landlord can serve a Sec 13 rent increase form on you.

    12% means nothing in itself.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      1) No it doesn't
      2) No he can't - but he has the option to evict if you don't 'sign up'.
      3) As thesaint says, that's what section 13 of the 1988 Housing Act is all about. http://tenancyanswers.ucoz.com/index..._increase/0-42

      No increase from 15/9/09?

      So lets assume a starting rent of £100pm for ease of calculation:
      You would have paid £3600 for the 1st 3 years and at 12% £1344 for the 4th year - £4944 for 4 years.
      If you had had a 2.5% increase each year you would have paid £4983 over the 4 years - perhaps it doesn't look so bad when you look at it that way?

      Comment


        #4
        "2) No he can't - but he has the option to evict if you don't 'sign up'."

        What Snorkerz means he can serve a s21 and seek a repo order at any time after expiry. Have you received a s21 Notice at any time since signing the last fixed term Agreement?
        LL can serve a s13 rent increase 12 months after last increase, thus giving you 1 month to contest via rent assessment comm of local Council.
        Yes we are in a recession, that hasn't stopped inflation

        RPI CPI
        Oct 09 216 111.7
        Sep 12 241.8 122.3

        inflation = 25.8% 10.6%

        CPI basket does not include rent, so 12% rent inc seems fair.

        Comment


          #5
          How did you get that 25%?
          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

          Comment


            #6
            He subtracted the figures!

            No mariner, you must divide the index figures - 241.8/216 = 1.12 = 12% inflation in RPI over 3 years. Likewise CPI 9.5%.

            Comment

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