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

steve p

23:42 PM, 8th February 2022, About 2 years ago

Just tell him you aren't going to quibble over a few quid and that it would be easier to do it from the start of the month to line up with the tenancy date so just call it the the 1st of may and have yourself a takeaway on me with the difference..

Yours kindly

Friendly landlord.

Richard Spong

10:19 AM, 9th February 2022, About 2 years ago

I really cannot believe the Pernickety Tenant Question and most of the responses.
You have landed the tenant with a rent increase of £40pcm. Not sure if this is warranted, but the tenant has simply wanted to shift the payment 1 week. So what ? Get on with it.
As many of you will be aware, this is a business, not an investment hobby. The property is your capital asset and your tenant is your customer. Like any business the most important element is the customer.
Look after your customer and the chances are the business will run smoothly.
The way many of you are responding, you would think the tenant was the enemy !
Get over it. If you get worked up over such a minor issue, how will you respond when something really important happens.

Joey

21:22 PM, 10th February 2022, About 2 years ago

Reply to the comment left by Hedley at 08/02/2022 - 16:14
Hi - is there an equivalent form 4 for Wales Tenants Rent increases please ? TIA

Helen

15:02 PM, 11th February 2022, About 2 years ago

After going mad and subjecting me to verbal abuse when I tried to increase the rent by around £10 a week the tenant decided to try to negotiate. I allowed him the one week's grace for the rental increase by the way. I have backed down to just below 3% increase and the flat is still below market rent as I reduced it before he moved in a year ago owing to Covid and a completely different rental situation. It is due for renewal on April 1st. He has not replied to my latest rent increase request. Should I go ahead and make the contract? If he decides to leave now must he leave before the new contract, ie before April 1st or does he need to give 2 months notice? If so, he will still need to sign the new agreement or else it will become a periodic tenancy and I am not sure that can reflect the increased rent as he won't have signed for it.
If he doesn't sign and it goes into a periodic tenancy I will give the one month notice straight away as I am fed up with his attitude and will not stand for verbal abuse.
One month's notice won't suit him as he said he will leave, but needs to sort out some 'private matters' first.
There are other issues with him which I haven't disclosed here but he has been extremely demanding since he moved in.

Graham Bowcock

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

What new contract are you trying to make?

You can serve a s13 Rent Review notice, giving one month's notice, without the need for other documentation.

Alternatively, if the tenant agrees to a new rent without you needing s13 you can just do a rent review memorandum (that's what I do as I always agree rents - if the tenant won't agree then quite simply there's no change).

If the tenancy becomes periodic, you can use the s13 notice at any time, giving the month's notice.

Helen

15:42 PM, 11th February 2022, About 2 years ago

The new contract is a renewal of the standard AST for one year minus a day. So I intend to increase the rent at the end of this. Thank you for your advice.

Graham Bowcock

15:44 PM, 11th February 2022, About 2 years ago

Reply to the comment left by at 11/02/2022 - 15:42
Can I ask why you are granting a new tenancy and what is the relevance of minus one day?

In the circumstances wouldn't you be better off with a periodic that you could bring to an end on two months' notice, rather than committing to a whole new year?

Helen

15:55 PM, 11th February 2022, About 2 years ago

It is a renewal contract for the AST. It is for one year minus a day (which means it starts on the same date each year.) The notice period is 2 months, as standard.
A periodic is on one month's notice if the rent is paid monthly, which it is.

Graham Bowcock

16:03 PM, 11th February 2022, About 2 years ago

Helen

You don't need to deduct a day. A tenancy starting, for example, on 1st January will end of 31st December, if granted for 12 months. The next one, if needed, will start on 1st January the following year.

A landlord always has to give two months notice, regardless of periodic or within the fixed term (but can't end before the fixed term).

During a periodic the tenant only has to give one month's notice (assuming monthly rental payments).

In your situation I fear you gain nothing by entering a new agreement (which will need the full compliance doing so as to be safe).

Helen

16:08 PM, 11th February 2022, About 2 years ago

Thank you for the advice.

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