Pernickety tenant?

Pernickety tenant?

10:56 AM, 8th February 2022, About 2 years ago 38

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A contract is due for renewal on 1st April. Owing to recent events, I reluctantly decided to raise the rent by £40 a month. I notified the tenant on 7th February. He has come back to me and said that if he stays he will pay the new rent from 7th April as that is two months from the time I notified him, irrespective of the start date of the new contract, which is a week earlier.

I can’t believe he is quibbling over £10. Not only will this change have to be reflected in the new agreement showing the date of the new payment, but also it will be complicated in terms of his direct debit for the week 1-6th April when he will pay the same amount, and then pay more after 7th.

I know that if I gave notice for him to leave it would have to be two months but as for notice of a rent rise, is there a law about this too? There is nothing about it on the tenancy agreement.

By the way, as I understand it, if they want to leave at the end of the contract, they don’t have to give any notice at all. Is this correct?

So they could just leave on the final day and not let me know – is it really this crazy?

Helen


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Comments

Smartermind

13:03 PM, 8th February 2022, About 2 years ago

"I can’t believe he is quibbling over £10."

Equally, you are also quibbling over £10! Works both ways.

Graham Bowcock

13:23 PM, 8th February 2022, About 2 years ago

Reply to the comment left by Christopher Holden at 08/02/2022 - 12:57
You can't review 6 monthly, minimum review period is 12 months.

Chris H

14:34 PM, 8th February 2022, About 2 years ago

Reply to the comment left by Suresh Parikh at 08/02/2022 - 13:01
I am not sure what you mean by "general principles" and extra hassle?
If you rent property and given the madness of the last few years have not rasied the rent, then they could well be losing money. if like me all my costs have increased, new and amended regulations trigger large works, as nice as I am, I am not a LL to lose money.

Chris H

14:40 PM, 8th February 2022, About 2 years ago

Reply to the comment left by Graham Bowcock at 08/02/2022 - 13:23
It is not a review if it is a new contract, the other option is the tenant moves out and new tenant in as the Agreement is 6 months only.
Years ago a solicitor took the time to issue new Agreements every six months, charging both the LL and Tenant, obv they can no longer charge the Tenant.
I was using this as an example that the 12 month case does not stand up, infact I know one friend who's Landlord raised the rent three times in one year, not legal but she got away with it.
I state it is not a practice I follow, but it is possible to rasie more than once a year

Jon Sear

14:47 PM, 8th February 2022, About 2 years ago

Chances are the £10 is a lot more to the tenant than it is to the LL. I'd just say yes, sorry, that's fine and move on. The legal position might depend on what it says in your tenancy agreement - but 2 months isn't an unreasonably large amount of notice to give of an increase - and you could easily spend more than £10 worth of your time on this, as well as damaging the relationship with the tenant.

Helen

15:07 PM, 8th February 2022, About 2 years ago

Thank you for all your interesting and informative comments. As an example of this tenant's annoying tendencies - he texted at at 8pm last night with his comments as above. As it was out of office hours and not an emergency I was going to reply today. Then, at 6.30am he sent me a voice clip with emotive language about my 'throwing him out' if he won't pay the extra. I replied at 9am that I was going out on work appointments and would reply later. At 12.30pm he got back to me and said that as another day has passed (as it is beyond midday) it is now 8 days that he won't pay the extra rent, not 7.

This guy is a pain, with me, with contractors and probably with everybody he comes into contact with. He told me he has seen comparable flats on Spare Room and can move out. I checked and there is nothing except a similar (but not as nice) flat 2 doors away for more rent. He is on £50K a year by the way. The rent is currently £1,150 pcm.

He said I had 'agreed' to give two months' notice for rent increase when he moved in, which I didn't. If I had, it would have gone into the tenancy agreement.

It seems that one month is all that is required by law for a rental increase, at the end of a fixed term, but only once a year. I am helping him by giving him 7 weeks (minus one day!) notice to think about it!

It will be less hassle for me if he leaves and I doubt he will find a better flat for the same price in such a good location, a landlord more amenable than myself and one that works 24 hours a day, emergency or not!

SCP

15:11 PM, 8th February 2022, About 2 years ago

hi
we are merely discussing.
Trouble is any contrary view is taken as a personal criticism, which is not the case. By general principles is meant the ideas that guide you, and help you to relate to the outside world. The amount of effort that is spent is hardly worth the amount at stake. Even if you prove to the tenant that you are right (which is not established and is not the case) and he is wrong and that he has to accede to your wishes, you have spoilt your relationship. I am replying since you asked. I am a Landlord when it comes to my Tenant, but we both share a common humanity which is higher or greater than the landlord/tenant relationship.

Kate Mellor

15:27 PM, 8th February 2022, About 2 years ago

It’s up to you at the end of the day. Do you want him out? Bearing in mind he might not go and you may end up with no rent while you evict him. Personally I would probably just clarify that one months’ notice is all that is required, but for the sake of peace you are willing to compromise. Send him an invoice for the full amount, but with a credit of the 7 days increased rate as demanded. Thereby retaining the usual rent day and shutting him up, allowing you both to move on. Yes, some people are painful and you may decide he’s not worth the trouble. Next year give him three months’ notice and increase the rent again. He might decide to move on.

Helen

16:00 PM, 8th February 2022, About 2 years ago

Kate this is a wise comment. He will continue to pay rent as he has a responsible job and cannot afford to get a County Court Judgement.

Every communication with him is painful, not just this one. I have backed down in the past and was generous when he moved in - he demanded money to buy 'essentials' like toilet brush etc when he moved in - AFTER we had agreed on the contract. I gave him a £75 sweetener then to shut him up but he made many other requests - even saying that he'd heard an intruder in the night and I had to change all the locks.

He suffers from anxiety and I will not allow this to become my problem too, in dealing with him, but he is not an easy man. I have to make a stand at some point. I knew this small rent raise would send him into a state of anger and, like a petulant child (he is about 30,) he will kick back with emotive language and threats.

I had big issues with him carrying his bicycle upstairs to his flat and damaging the walls when he first moved in. After a lot of hassle he bought a cover for it. He now keeps it right outside his door which I have told him is a fire hazard, but only his flat is affected, so I guess that is his problem, as the flat is not licensed. There is a bike store on the ground floor which he refuses to use.

Everything is trouble with this guy.

Hedley

16:14 PM, 8th February 2022, About 2 years ago

Firstly you don't say what the tenancy is and what the document says you must do to increase the rent.
If it is ending and you would be OK for it to continue as a periodic assured shorthold, then you should increase the rent by the service of Form 4 under section 13. it is implied in your post that you haven't served such a notice, only that you have sent the tenant a letter.
If it is a monthly tenancy, you must serve at least one months notice and the increase should be on a rent day (in your case the 1st of each month). You are still in time to serve notice if you are OK with a periodic tenancy. However, if you want a new contract, you would have to give notice to terminate the current tenancy of at least two months to expire at the end of a period. You are too late to make the new tenancy start on the 1st April UNLESS by agreement, ie. you agree to his request.
It is correct that, in almost all cases, you cannot increase the rent within 52 weeks of the last increase.

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