Jump to content
House Price Crash Forum
Bear Monger

Landlord Wants To Increase My Rent

Recommended Posts

My 1 year fixed AST has just expired and I'm now on a periodic. The landlord wants to increase rent from £745 to £800 per month! The contract says they will only increase rent by RPI which should mean the new rent is about £785 per month. However, they are not budging and have said they have someone else waiting for the flat at £800 and that I either agree to pay it or they will serve me my two month notice period. I can't be faffed with moving but I don't want to give in if I have some legal way to argue my case and ensure the AST is enforced and that rent only increases by RPI. Can a landlord just evict you after 2 months because they've had a better offer? BTW, I'm 100% sure that are not bluffing unfortunately.

Share this post


Link to post
Share on other sites

My 1 year fixed AST has just expired and I'm now on a periodic. The landlord wants to increase rent from £745 to £800 per month! The contract says they will only increase rent by RPI which should mean the new rent is about £785 per month. However, they are not budging and have said they have someone else waiting for the flat at £800 and that I either agree to pay it or they will serve me my two month notice period. I can't be faffed with moving but I don't want to give in if I have some legal way to argue my case and ensure the AST is enforced and that rent only increases by RPI. Can a landlord just evict you after 2 months because they've had a better offer? BTW, I'm 100% sure that are not bluffing unfortunately.

I read somewhere there was a tribunal you can apply to if you think your rent unfair.

have a look at this:

http://www.rpts.gov.uk/our_services/rd.htm

"RACs can decide the following types of dispute:

A tenant with an assured tenancy may apply to the RAC for a determination on an open market rent for the property if their landlord tells them they plan to increase the rent by serving them with the form, "Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy";

"

Good luck.

I'd tend to say, "Fair enough, i'll call your bluff, i dont believe you have a tenant wainting, why would you, why would you advertise for someone else when you already have a good tenant. The rents too high anyway and I wanted a decrease in rent, as I've not had a pay rise and cant afford the extortionate rent now. I'd be prepared to accept only a 2% decrease. If the landlord wants to take the gamble ansd have the property laying empty for 2 months then that will wipe out any gains they have, 6 months and i'll buy it as a repo.".

Good luck, be prepared to move though if they dont go for it.

Edited by TheCountOfNowhere

Share this post


Link to post
Share on other sites

The landlord can give you two month notice - that is the contract and as you are 100% sure he/she has another tenant in the wings who is prepared to pay then you know your choice is either pay up or leave.

Share this post


Link to post
Share on other sites

I think the real question is can a landlord decide on a whim that he wants you out and basically give you 2 months notice? Or can I argue with a judge that I pay my rent on time and have agreed to rent increases as per signed contract and that I should be allowed to stay.

Share this post


Link to post
Share on other sites

The landlord can give you two month notice - that is the contract and as you are 100% sure he/she has another tenant in the wings who is prepared to pay then you know your choice is either pay up or leave.

Yes, that is what I though. Damn. I think I'll be paying up which really hurts my pride but I have to remain logical. Hopefully, this damn market will crash soon and I can move out within the year anyway.

Share this post


Link to post
Share on other sites

My 1 year fixed AST has just expired and I'm now on a periodic. The landlord wants to increase rent from £745 to £800 per month! The contract says they will only increase rent by RPI which should mean the new rent is about £785 per month. However, they are not budging and have said they have someone else waiting for the flat at £800 and that I either agree to pay it or they will serve me my two month notice period. I can't be faffed with moving but I don't want to give in if I have some legal way to argue my case and ensure the AST is enforced and that rent only increases by RPI. Can a landlord just evict you after 2 months because they've had a better offer? BTW, I'm 100% sure that are not bluffing unfortunately.

They can evict you after two months for no reason at all, so yes.

Share this post


Link to post
Share on other sites

My 1 year fixed AST has just expired and I'm now on a periodic. The landlord wants to increase rent from £745 to £800 per month! The contract says they will only increase rent by RPI which should mean the new rent is about £785 per month. However, they are not budging and have said they have someone else waiting for the flat at £800 and that I either agree to pay it or they will serve me my two month notice period. I can't be faffed with moving but I don't want to give in if I have some legal way to argue my case and ensure the AST is enforced and that rent only increases by RPI. Can a landlord just evict you after 2 months because they've had a better offer? BTW, I'm 100% sure that are not bluffing unfortunately.

Can always dream...

Accept it. Do another 3-5 months and give YOUR notice to landlord? Preferably As the market cools?

revenge is a dish best served cold.

my landlord is perfectly reasonable and helpful chap, if my house offer is accepted (I'm re-buying back into housing) , I will move out before the 6month period and therefore, my landlord will get a to show prospective tennannts around an empty flat and avoid a void period.

Respect begets respect in my book

Share this post


Link to post
Share on other sites

Yes, that is what I though. Damn. I think I'll be paying up which really hurts my pride but I have to remain logical. Hopefully, this damn market will crash soon and I can move out within the year anyway.

Jeese, british people are fools when it comes to their money.

You should at least call his bluff one.

Say you aren't prepared to pay any increase and in reality you'd like to pay less. What's the worst that happens, they say no?

You might get a pleasant surprise, maybe when the landlord sees someone asking to pay less because of the economic situation he might panic and think...better the devil I know, I'll agree to no increase.

This is www.housepricecrash.com you should be negotiating everything DOWN.

This is not www.iamapussyandwillpaymyhardearnedcashtosomegreedyBTL*****er.com

Edited by TheCountOfNowhere

Share this post


Link to post
Share on other sites

Jeese, british people are fools when it comes to their money.

You should at least call his bluff one.

Say you aren't prepared to pay any increase and in reality you'd like to pay less. What's the worst that happens, they say no?

You might get a pleasant surprise, maybe when the landlord sees someone asking to pay less because of the economic situation he might panic and think...better the devil I know, I'll agree to no increase.

This is www.housepricecrash.com you should be negotiating everything DOWN.

This is not www.iamapussyandwillpaymyhardearnedcashtosomegreedyBTL*****er.com

I hear you and normally I'd agree. The difference here is they're not bluffing (I know 100%) and secondly the rent is not paid by me anyway. It was more a case of rejecting the rise on principle. Still annoyed even though it is not my money.

Share this post


Link to post
Share on other sites

I hear you and normally I'd agree. The difference here is they're not bluffing (I know 100%) and secondly the rent is not paid by me anyway. It was more a case of rejecting the rise on principle. Still annoyed even though it is not my money.

Fair enough...you can only try to fight the good fight.

If the rent is paid by the government they should be driving down rents, but they are wasteful and stupid.

The whole pyramid of cards will continue to collapse anyway, it's unsustainable and the next banking collapse will not be easily solved with low interest rates, they'll probably need armourer cars and tanks and guns the next time.

Share this post


Link to post
Share on other sites

He can serve you notice to leave if he wishes, he'll then have to wait 2 full rental months and if you refuse to go he'll then have to apply to a court to have you evicted. However, do you absolutely know there is someone waiting to pay £800, I'd tell him you do not agree to the rental increase at all, even to £785 and look for somewhere else to live. Then when his imaginary new tenent doesn't take up lodgings he'll be at least one month void down.

Share this post


Link to post
Share on other sites

Can a landlord just evict you after 2 months because they've had a better offer? BTW, I'm 100% sure that are not bluffing unfortunately.

Yes, I'm afraid so. S.21 simply requires notice to be given, there is no requirement to give a reason.

I can't be faffed with moving but I don't want to give in if I have some legal way to argue my case and ensure the AST is enforced and that rent only increases by RPI.

No legal way to argue. All I can suggest is that you look for suitable comparable evidence for what similar properties are going for; if there are half a dozen similar properties for let at £750/month then the LL would be an idiot to evict you over £5.

And in the end, if you can't agree a fair rent, it is up to the landlord to issue a possession notice in accordance with HA1988.

Share this post


Link to post
Share on other sites

My 1 year fixed AST has just expired and I'm now on a periodic. The landlord wants to increase rent from £745 to £800 per month! The contract says they will only increase rent by RPI which should mean the new rent is about £785 per month. However, they are not budging and have said they have someone else waiting for the flat at £800 and that I either agree to pay it or they will serve me my two month notice period. I can't be faffed with moving but I don't want to give in if I have some legal way to argue my case and ensure the AST is enforced and that rent only increases by RPI. Can a landlord just evict you after 2 months because they've had a better offer? BTW, I'm 100% sure that are not bluffing unfortunately.

I do believe that you have no rights in this respect unless you have been a tenant at the same address for a period of 4+ years. However as it states in your contract that the only increase in rent would be equivalent to the RPI, it would suggest they have broken their side of the contract, although I doubt this would be enforceable as I presume they have not specified a minimum period of tenancy other than the 1 year? Are you dealing directly with the landlord or a letting agent?

I would point out to them in writing what the contract states and offer to pay that amount instead. There is a chance another potential tenant will not wish to wait at least 2 months for you to leave anyway and I'm sure the landlord would rather not have the hassle and worry of having an empty property for even a short period. It may also be wise to contact the Citizen's Advice Bureau for further guidance and clarification of the law.

Share this post


Link to post
Share on other sites

Rents have been going up over the past year unfortunately - but if I were you, do a quick search in your area to see what similar properties are renting for. His request might be reasonable as the average market rate may have gone up.

However, before you agree, now is the time to negotiate and put in any demands that you want. Like if there's something in the house that needs fixing, or if the washing machine is wonky and you want a new one, etc etc.

Also, as he's increasing the rent, be sure that he's also not trying to sign you up to another 12 months contract with 6 months break clause - it should now be on a rolling periodic tenancy, with him having to serve you 2 months notice and you serving him one month's notice. Unless of course you believe rents are likely to keep rising, in which case you can take the 6 months fixed or ask for a 12 months fixed to mitigate him coming back a few months later to ask for more rent.

Share this post


Link to post
Share on other sites

Rents have been going up over the past year unfortunately - but if I were you, do a quick search in your area to see what similar properties are renting for. His request might be reasonable as the average market rate may have gone up.

However, before you agree, now is the time to negotiate and put in any demands that you want. Like if there's something in the house that needs fixing, or if the washing machine is wonky and you want a new one, etc etc.

Also, as he's increasing the rent, be sure that he's also not trying to sign you up to another 12 months contract with 6 months break clause - it should now be on a rolling periodic tenancy, with him having to serve you 2 months notice and you serving him one month's notice. Unless of course you believe rents are likely to keep rising, in which case you can take the 6 months fixed or ask for a 12 months fixed to mitigate him coming back a few months later to ask for more rent.

They cannot do this, on a statutory periodic tenancy he can only increase the rent on a yearly basis. He can of course say he wants you out with only 2 months notice.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 311 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.