Rent increase and no contract for 18 months?

Rent increase and no contract for 18 months?

23:50 PM, 8th February 2023, About A year ago 31

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Hi, I have two questions as a tenant.

After my contract expired 18 months ago the landlord refused to give me a new one even though I was still living in his house and still paying. Is it his duty to provide me with a new contract after the old one ends?

The second question relates to the rent increase. Today his agent gave me a new contract to sign with 20% more rent. Is the landlord obliged to inform me about the rent increase? If so, how does he have to inform me? I’m asking because today I got a contract with a higher rent that I have to pay in six days. I didn’t get any information from him beforehand.

Thanks in advance to everyone for help.

Piotr

Response from Property118

“After my contract expired 18 months ago the landlord refused to give me a new one even though I was still living in his house and still paying. Is it his duty to provide me with a new contract after the old one ends?”

No, Assured Shorthold Tenancy Agreements automatically revert to being a Statutory Periodic Tenancy at the end of the initial fixed term. You do still have a contract despite the initial fixed term having ended.

“The second question relates to the rent increase. Today his agent gave me a new contract to sign with 20% more rent. Is the landlord obliged to inform me about the rent increase? If so, how does he have to inform me? I’m asking because today I got a contract with a higher rent that I have to pay in six days. I didn’t get any information from him beforehand.”

You are not obliged to sign a new contract. If you don’t you will remain on a Statutory Periodic Tenancy and you will not be obliged to pay any more rent until your landlord server the correct notices. Your landlord then has three options: –

  1. To serve a Section 21 notice to give you notice to vacate the property within a period of two months, failing which he then has the option to apply to the Courts for an Eviction Order
  2. To serve you a Section 13 notice of a rent increase after two months
  3. To do nothing

We hope that helps?

 


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Comments

Seething Landlord

20:56 PM, 9th February 2023, About A year ago

Reply to the comment left by Chris H at 09/02/2023 - 20:46
This seems to be moving away from answering the original question! Whether your rents are reasonable is really not the issue.

Kate Mellor

22:43 PM, 9th February 2023, About A year ago

Reply to the comment left by Chris H at 09/02/2023 - 20:46
Yes, that was my point. It may benefit the landlord rather than the tenant and it’s the tenant you were advising that they could have a rent review. Sorry if my meaning was unclear

Chris H

23:06 PM, 9th February 2023, About A year ago

Reply to the comment left by Kate Mellor at 09/02/2023 - 22:43
That is the tenants decision, just making them aware of the options.
Quick search on Zoopla, search local rental prices etc and they will be able to make a informed choice.
They need to be aware of all their options

Luke P

23:30 PM, 9th February 2023, About A year ago

And if you try the ‘by agreement’ method, there’s no risk of rent assessment (and a possible reduction in rent). Stop using s.13 people!

Julesgflawyer

8:12 AM, 10th February 2023, About A year ago

Reply to the comment left by Seething Landlord at 09/02/2023 - 19:48
Correct as regards assured (shorthold) tenancies but not so for Rent Act 1977 regulated tenancies where there is a cap based in RPI + x%. Can't remember what "x" is without checking relevant Regulations.
Interesting that there seems to be no discussion about regulated tenancies on the boards, or secure (local authority) tenancies for that matter.

Seething Landlord

9:15 AM, 10th February 2023, About A year ago

Reply to the comment left by Julesgflawyer at 10/02/2023 - 08:12I imagine that is because regulated tenancies in the PRS are now few and far between and hold little interest for most private landlords.
Similarly, social housing as far as I am concerned exists in a parallel universe with its own set of issues that are of little or no concern to me.

Reluctant Landlord

11:07 AM, 10th February 2023, About A year ago

Reply to the comment left by Chris H at 09/02/2023 - 18:51
but....a rent tribunal looks at the new total rent and in perspetive of market/common rent in the area. As far as I know they don't look at it in terms of the 'fairness' of the percentage rise.

If the rent the LL is charging is comparative to the rate of the area then a rent increase will be upheld - they don't look at the ability of the tenant to pay it or not - that is irrelevant.

Luke P

11:09 AM, 10th February 2023, About A year ago

Reply to the comment left by DSR at 10/02/2023 - 11:07
And if you don't bother with a s.13 (not the *only* way to increase rent), then you don't run any of that risk or, moreover, hassle...

Gee Shikotra

8:50 AM, 11th February 2023, About A year ago

Reply to the comment left by SimonR at 09/02/2023 - 09:14
Your landlord has to give you 1 months notice of a rent increase if you have a periodic tenancy. Go to the government website and all the details are there. The increase has to be fair and reasonable and you do not have to. Agree with the increase. Read the information on the Gov website it has documents for tenants on there.
Hope this helps

Peter

15:37 PM, 11th February 2023, About A year ago

Thank you all for your replies. I don't want to argue with the owner. the point is that: - he didn't give me any letter about the rent increase earlier
- he doesn't want to fix the leaky roof
- I can't use the sink in the bathroom because of the leaky drain
- the electrician who did the eicr did not test the installation at all, which I informed the owner of, and then I got a fake certificate that does not reflect the state of the installation and with the wrong address in the copy. already during the visual inspection you can find errors code C1 and C2. (I am an electrical engineer by profession)
- I painted the whole apartment at my own expense due to the condition it was in

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