Rent increased within a tenancy agreement renewed but not signed for

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    Rent increased within a tenancy agreement renewed but not signed for

    Hi everyone,

    Few months ago (last feb), my landlord asked me to pay a £70 fees for the renewal of my 12 months tenancy agreement. Since I though it was compulsory for me in order to keep my place I consented and paid the money in march before my tenancy agreement expires by direct transfer on his bank account. I have never received any contract to sign for. At that point I just though that it would be a tacit renewal.

    Unfortunately today, the landlord wants to increase the rent by £80 saying that my tenancy agreement has expired, (but what did I paid for...???) and also he is telling me he can increase the price because the rent is undervalued. He wants to increase the rent by £70. I don't know much about my rights but can he actually do that? Do I need a writing tenancy agreement to be protected? and can he used the fact that the price is undervalued to increase the rent right now? I am a bit confused.

    Please advice.
    Many thanx in advance.

    #2
    Has the landlord given you any paperwork regarding the rent increase?

    Do you have the correspondance from the landlord saying 'pay £70 to renew the tenancy'. Even better, do you have any correspondance (email?) saying - okay, I'll pay the money into your bank account?

    The thing is, you need evidence that the agreement was renewed - because if it was, then the landlord won't be able to increase it. Of course - wind him up and instead of increasing the rent at the end of this 12 months, he may decide to evict.

    Comment


      #3
      Some detail of T in force last Feb would help
      eg date T commenced and fixed term? Any provision for rent review and when?
      If orig fixed term has expired and not renewed, as suggested by LL latest communication, then now SPT requiring s13 Notice of rent increase.
      Is LL offering extension of orig AST or offering new AST & New fixed Term?
      An AST of <3yrs can be verbally agreed, no sig req on written contract, but T acceptance inferred from T payment of £70?
      Also if T has paid the inc rent demanded, the orig T could be enforceable at new rent, without benefit of extension/renewal.
      I fear the £70 renewal fee paid by intenet banking is lost. At least with a cheque the T could have written purpose of cheque on the back and obtained cheque back from bank as proof/reason for payment.

      Comment


        #4
        Originally posted by mariner View Post
        I fear the £70 renewal fee paid by intenet banking is lost. At least with a cheque the T could have written purpose of cheque on the back and obtained cheque back from bank as proof/reason for payment.
        I see no difference in how the payment was made.
        If the tenant got the cheque back, what is to stop them writing "3 year renewal" on the back of it?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by thesaint View Post
          I see no difference in how the payment was made.
          If the tenant got the cheque back, what is to stop them writing "3 year renewal" on the back of it?
          The bank would return a copy of the cheque. If OP wrote something on the copy, the original would still be bare.

          Comment


            #6
            Originally posted by Snorkerz View Post
            The bank would return a copy of the cheque. If OP wrote something on the copy, the original would still be bare.
            So they would send a copy of the front and back of a cheque?
            So where is the original?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              They keep the original in a vault - possibly in an old war time command bunker in the Wiltshire hillside if I remember correctly!

              The copies are in their computer systems.

              Comment


                #8
                Good morning all,
                First of all, thank you for your help, much appreciated.

                Right, so i ll try answer the different questions to make it clearer:
                - My tenancy agreement is a 12 month contract from the 31/03 to 30/03 of each year.
                - I do have the letter from my landlord for the tenancy agreement renewal dated in feb 12 and so I made and internet transfer on his account on the 20th of march, clearly stipulating "renewal Tenan. Ag. Flat x, ??? rd" for him to acknowledge my payment on his bank statement. I didnt let him know true, although I did not tell him either I would leave.

                And for Mariner, I did sign a tenancy agreement when I moved in 2010. Last year (in feb 11) I had a new tenancy agreement to sign as he is increased my rent but this year I only received a letter for the fees to pay. Since no increase was required I assumed I didnt need a "new" writing tenancy agreement for this year (31st march 12 to 30th march 13). As you said, the transfer is not a proof?

                Please advice.

                Comment


                  #9
                  You renewed your tenancy, and your landlord cannot force a rent increase on you for the duration of the fixed term.
                  What(if anything) does your tenancy agreement say about rent increases?

                  Originally posted by Snorkerz View Post
                  They keep the original in a vault - possibly in an old war time command bunker in the Wiltshire hillside if I remember correctly!

                  The copies are in their computer systems.
                  Just done a bit of research, and the banks will return a cheque to their customer if requested.
                  So my original comment stands.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Hi,

                    I have not paid by cheque so the whole possibility of requesting it back can not be possible unfortunately... I paid through an Internet transfer, but i ll check on my tenancy agreement about the rent increase.
                    Arghhh so annoying this kind of issues. Some landlords are wicked and greedy.

                    I ll be back to let you know.

                    Thanks

                    Comment


                      #11
                      For me, it's cut and dried.
                      Your landlord requested a fee for a renewal, you paid the fee for renewal.

                      Whether it be by cheque which can be doctored after the fact, or a bank statement(his or yours) that will have reference to the transaction is irrelevant.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        Originally posted by thesaint View Post
                        For me, it's cut and dried.
                        Your landlord requested a fee for a renewal, you paid the fee for renewal.

                        Whether it be by cheque which can be doctored after the fact, or a bank statement(his or yours) that will have reference to the transaction is irrelevant.
                        I agree with 'thesaint'.

                        Initially, refuse to pay on the basis that there was no agreement to increase the rent when you agreed to renew the tenancy.

                        If it were to go to court, and you were to lose (most unlikely in my un-legal opinion) then the rent increase would still not be valid because if a new fixed term isn't in operation, then you are on a statutory periodic tenancy - and to increase the rent on an SPT the landlord has to follow a specific process - see section 13 of the 1988 Housing Act.

                        Having said all that - don't expect the landlord to renew your tenancy next year - he may be a little hacked off!

                        Comment

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