Periodic Tenancy agreement terms?

Periodic Tenancy agreement terms?

15:28 PM, 12th April 2016, About 6 years ago 15

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I am a tenant who has been living on an assured short hold tenancy agreement over the last four years. After a year, the contract became a monthly periodic tenancy. Recently we have been requested to accept a rent increase of circa 25% where our contract had stated that rent was to be reviewed each year “but will be subject to an increase of 3% of the original stated figure at the start of the anniversary of the contract”contract

When we put this to the estate agent that the landlord runs through, they stated that the terms of the contract are now void, but I thought that the terms of the contract would roll over once the initial fixed term was completed.

Please clarify

Many thanks

Paul



Comments

by Ross McColl

9:41 AM, 13th April 2016, About 6 years ago

Reply to the comment left by "Paul Caygill" at "13/04/2016 - 09:09":

It is my understanding that because you are currently on a Statutory Periodic tenancy the Section 13 takes precedence, so yes the landlord can charge the higher rate at a months notice. Even if this was not the case they could have given you a choice of a Section 21, or to sign a new tenancy, so either way they would have achieved what they set out to.

Sorry to be the bearer of bad news.

by Zaher Waljee

11:13 AM, 13th April 2016, About 6 years ago

Reply to the comment left by "ashley peters" at "12/04/2016 - 16:21":

If you want to stay in the property be sensible and negotiate a reasonable rent rise. If you antagonise the landlord likely you will have to move and might not find a property like you have enjoyed. Going to law is expensive. Enforcing terms of contract will only be short term victory. Have a forsight and look long term good relationship. Zaher

by Zaher Waljee

11:20 AM, 13th April 2016, About 6 years ago

Take sensible way and negotiate a reasonable increase as you may not find a similar place as you have had four years peaceful enjoyment of the property. Going to law is expensive and enforcing terms of contract will only be short term victory. Havve a forsight and take a long term view and maintain good relationship with the landlord. Zaher

by Commercial Trust

18:04 PM, 13th April 2016, About 6 years ago

Hello Paul,

Did your landlord or their agent issue notice correctly under Section 13 of the Housing Act 1988?

If so I'm sorry to report that the request is lawful. A S13 notice supersedes any rent review clause in the contract if the tenancy is periodic under statute.

http://www.legislation.gov.uk/ukpga/1988/50/section/13

Proposed increases must still be reasonable, i.e. within local market rates. You might be able to negotiate a smaller increase with your landlord. Alternatively, you can refer the request to a rent assessment committee.

https://www.gov.uk/housing-tribunals

Note that you must apply before the new rent is due to begin, which will typically be one month after your landlord issued notice.

Shelter recommends that you seek advice before escalating a matter to tribunal, as your landlord could choose to evict you rather than forego the higher rent. http://england.shelter.org.uk/get_advice/advice_services_directory

Best of luck

by Ethical Man

18:40 PM, 27th April 2016, About 6 years ago

At the end of the day the landlord can choose to evict you if he does not get a rent he is satisfied with. Try making a counter offer of 10% or suchlike. When negotiating look at the market rent for a property such as yours, and then subtract a bit because landlords do value having reliable tenants, so are usually willing to charge them a bit less rather than lose them and then get someone new in who may cause problems.

Good luck


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