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Rent Rise - Notice Period To Leave?

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I have 'threatened with' a steep (nearly 10%) rent rise, due to take effect in two months. I have until that date to either accept it or complain, as far as I can see. I don't want to pay this rise, and am looking to move out anyway.

Here's my question:

I have to give one month notice, and they have to give 2 months. If I wait until the nominated date and say "no, I don't want to pay" then am I right that they will give me the 2 months' notice at that point? Or am I in effect giving my 1 month notice at the point I refuse to pay the extra?

As you can imagine, this makes quite a difference! (Especially as the one month notice would fall over Christmas!)

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Unless I'm sadly mistaken, you are under no obligation to accept the rise. If you refuse they can either comply or give you notice – simply refusing a rent rise is not a notice to quit.

It changes a bit if they serve a S13 notice as the process is more complicated – but there is an appeals process and that does not in itself act as a notice to quit (although you can probably bet on an S21 later).

Edited by Spork of Damocles

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If I wait until the nominated date and say "no, I don't want to pay" then am I right that they will give me the 2 months' notice at that point?

Yes*

Or am I in effect giving my 1 month notice at the point I refuse to pay the extra?

No.

*Bit suspicious of the timings TBH. You certain they didn't give you notice to quit at the same time the gave notice of the rent rise?

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Yes*

No.

*Bit suspicious of the timings TBH. You certain they didn't give you notice to quit at the same time the gave notice of the rent rise?

Just checked - the date they have given me is the first monthly rental payment date which is over one month away. It just so happens it is nearly two months away.

The form says that if I wish to dispute the increase, I have to do it before the proposed date. So at that point I would expect them to have to serve me two months' notice at this point?

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Unless I'm sadly mistaken, you are under no obligation to accept the rise. If you refuse they can either comply or give you notice – simply refusing a rent rise is not a notice to quit.

It changes a bit if they serve a S13 notice as the process is more complicated – but there is an appeals process and that does not in itself act as a notice to quit (although you can probably bet on an S21 later).

Yes - what I have been given is a Section 13 notice (is this unusual?).

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Yes - what I have been given is a Section 13 notice (is this unusual?).

It's unusual in that's it's the proper legal notice to increase the rent. Most landlords don't bother.

This means you can't just refuse the rent increase and dare them to give you notice. If you don't think it's fair you have to appeal to the "Rent Assesment committee" before the increase takes effect. This should have been detailed in the notice.

If you do as you suggest and say nothing until it's due and then refuse to pay i think you'll be legally liable to pay the higher rent.

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If I give my one month's notice at that date, would I be liable to one month of higher rent?

It seems you have nothing to lose from appealing the rent increase. It's just a game that needs to be played.

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