What will be the market rate for forthcoming Section 13 rent increases?
1 year ago | 24 comments
How do I increase my rent from a housing association?
12:04 AM, 5th December 2024, 1 year ago
13
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Hello, I have a house in NW London let to a well known housing association since 2020. It is now very underlet relative to private market rents which is particularly painful as my mortgage cost has tripled since the lease commenced. The initial contract was for a term of 3 years which expired in November 2023.
In February 2024 I gave them notice to determine the lease and give me vacant possession. My intention is to refurbish and let to a private tenant on an AST for market rent (approx 35% more than I am currently receiving).
However, I am still waiting for possession and I believe that it may take another year before I get it back.
The lease states the following:
“Once the Initial Term has ended and the Lease has become a periodic monthly Lease the Landlord can indicate his intention to determine the Lease by giving the Tenant not less than 28 days notice in writing. On receiving such Notice the Tenant is obliged to hand back the property to the Landlord as soon as possible after expiry of the 28 day notice period (taking into account any legal proceedings the Tenant needs to take to obtain vacant possession) and in any event within nine months.”
More than 9 months has now passed since I gave notice but I still do not have possession. My immediate concern is cashflow and I asked the housing association to increase their rent payments to me. They have offered to pay 5% more until vacant possession is achieved but this is nowhere near market rent.
Am I right in thinking that their term has ended from 9 months after I gave them notice?
And can I now simply invoice them for additional rent to bring their payments up to market rates?
It is clear from the delays in their service of notice on their ‘sub-tenant’ that they are in no rush to complete the eviction process and I feel I am being taken advantage of.
Any guidance on how to deal with this situation will be much appreciated.
Thank you,
KN
Tags:
eviction process delay, housing association lease termination, increasing rent after lease end, landlord rights after lease expiration, legal advice for landlord-tenant disputes
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Member Since November 2022 - Comments: 120
10:00 AM, 5th December 2024, About 1 year ago
This is a very unfortunately worded clause. Talk to a property disputes specialist about your position and your possible claims and remedies.
Member Since December 2023 - Comments: 26
10:15 AM, 5th December 2024, About 1 year ago
they will be in no hurry as the have nowhere to house the family. the same as the council when you let to them – took me 2 years to get the family evicted – would never let to council again took all my properties off them and rent to private tenants – the councils lie and use landlords to the own advantage despite their being a lease. the tenants have no choice but to remain in fact they are told to stay put until evicted which gives the council years to find a place. DO NOT RENT TO CNCILS OR HOUSING ASSOCIATONS the housing association is just buying time due to the governmnents lack of
properties., and the landlord suffers.
Member Since January 2015 - Comments: 1435 - Articles: 1
10:43 AM, 5th December 2024, About 1 year ago
What you need to determine is if the housing association is a tenant who sub-lets or you have a commercial contract.
What steps have you taken to ascertain if the housing association gave notice to their tenant, and in what form and have they commenced eviction proceedings?
If you accept their offer to pay ” 5% more until vacant possession is achieved” be careful you are not creating a new contract by performance, which could be 3 years!
Member Since October 2020 - Comments: 198
11:44 AM, 5th December 2024, About 1 year ago
It is very unwise to invoice or communicate about Rent after the fixed term tenancy has been determined. You should be charging double the annual rent per the Landlord and Tenant Act of 1730 if they are not taking adequate steps to return possession to you. You certainly need the aid of a solicitor for this scenario.
Member Since October 2013 - Comments: 1308 - Articles: 10
2:17 PM, 5th December 2024, About 1 year ago
Could Section 18 of the Distress For Rent Act 1737 apply in this situation?
Does it apply to corporate tenants?
Could it apply where it is the landlord that has issued notice, BUT the tenant then agreed to hand back the property?
If not applicable, then could the same argument (as per s18 DFRA 1737) be used as justification for charging mesne profits of this amount?
What does your “Forfeiture” clause say? Can this be used in this circumstance?
You need to be getting proper professional legal advice on what your remedies may be, for obtaining both possession and damages (compensation).
Member Since February 2022 - Comments: 25
2:40 PM, 5th December 2024, About 1 year ago
Reply to the comment left by PETER harvey at 05/12/2024 – 10:15I take your point but I have been letting to HAs since 2003 and for most of that time it has worked well. My situation is just another symptom of a growing accommodation crisis, I think. Doesn’t help my current situation of course!
Member Since February 2022 - Comments: 25
2:42 PM, 5th December 2024, About 1 year ago
Reply to the comment left by Robert M at 05/12/2024 – 14:17
Thanks. There is no forfeiture clause, I’m afraid.
Member Since February 2022 - Comments: 25
2:43 PM, 5th December 2024, About 1 year ago
Reply to the comment left by Judith Wordsworth at 05/12/2024 – 10:43
Thanks, I have asked the HA for an update on eviction proceedings and I will post in due course.
Member Since February 2022 - Comments: 25
2:44 PM, 5th December 2024, About 1 year ago
Reply to the comment left by Simon F at 05/12/2024 – 11:44
Noted, with thanks.
Member Since October 2020 - Comments: 198
2:45 PM, 5th December 2024, About 1 year ago
Reply to the comment left by Robert M at 05/12/2024 – 14:17
DFRA 1737 applies when tenant gave notice and failed to leave. This scenario is a better fit to the 1730 Act which has similar provisions.