Verbally abusive tenant refuses rent increase on renewal of AST?

Verbally abusive tenant refuses rent increase on renewal of AST?

8:33 AM, 14th February 2022, About 3 months ago 6

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I have a very difficult and combative tenant who is quibbling over my proposed rental increase of just over 3%, at the lower end of current increases. After verbally abusing me, he is now trying to negotiate.

I met him halfway in the negotiations and have suggested an increase of just under 3%. He has not replied to my suggestion.

Should I just go ahead and make the new contract and assume he will sign it?

If he doesn’t, I understand it will go into a rolling tenancy, which won’t suit him as then it will only be one-month reciprocal notice, but would this rolling agreement be at the current rent?

If so, I could just give him notice now, as he is a pain and I can find a better tenant quickly for market rent.

It is now just under two months until the end of the contract. If he doesn’t agree, does he have to leave when the contract ends, or can he give two months’ notice now or at any time?

If he doesn’t pay the increased rent I have put forward for any remaining notice after the existing AST has expired, I could take it from his deposit and see how far he gets with an appeal to MyDeposits. He may be playing for time and planning to give notice just before the current AST expires, and then not pay the increased rent while this notice works through, for two months.

Many thanks

Helen



Comments

by david porter

10:12 AM, 14th February 2022, About 3 months ago

Difficult teants are always difficult tenants. Impending legislation is suggested which will make them more difficult. We are moving any on who are difficult. Our most important asset is time.
You are supposed to decorate every five years.
Perhaps that would aid you position?

by Chris Bradley

10:25 AM, 14th February 2022, About 3 months ago

I'd give him at least 2 month's notice to end on the date the current contract ends.

If you want to keep this tenant, You are permitted to raise the rent annually, you are supposed to send the rent increase with one month's notice and you can detail inflation, CPI and market average to justify the increase.
If he disagrees he would need to follow set processes and at a rent increase below 3% I can't see him winning and then he would need to pay any back rent increase and continue paying the new rent not to be evicted under S8.

When a contract becomes periodic, landlords need to give 2 mths notice but tenants only a month

by John Mac

11:14 AM, 14th February 2022, About 3 months ago

The Tenant can walk away at the end of the fixed period, you would have to give him 2M notice (4M into a 6M contract) or once periodic.

If he stays then the contract goes onto a rolling Periodic (check your AST to see whether this is a Statutory or Contractual.

You mention giving him a new contract to sign, why would you do this if he's a "difficult and combative tenant"? Just give him notice of rent increase - starting after fixed contract is up - in the manner written into your AST.

by Alison Walker

12:17 PM, 14th February 2022, About 3 months ago

Personally I would be giving your tenant an S21 notice, you really don't want or need a difficult tenant. I would also get it done by a reputable company to avoid making any errors and having it thrown out of court even though I would say I'm fairly experienced with S21's (though not the current ones). If you're not happy to go down this route please don't give them a new agreement, let the current one go periodic and send the appropriate notice re a rent increase. At least this way you will still be able to serve an S21 notice at any point in the future rather than being tied in to another fixed term. I let all my tenancies go periodic after the initial term.

by Alexandra

12:24 PM, 14th February 2022, About 3 months ago

Hello Helen
I am not a solicitor but have been a landlord for 20 years. As I understand it you will need a clause in your AST that specifies rent reviews and rent increases and if you do not have one I understand you need to use a S13 notice and your increase can be challenged by the Tenant . See england.shelter.org.uk
housing_advice private_renting/rent_increases

With the looming abolishing of S21 personally I would not want this person in my property because as your rights are eroded you may well find them harder and harder to deal with. With Rental properties being like hens teeth I would end the tenancy and find yourself a lovely tenant. All my tenants are great and I do not worry about dealing with them. It should not have to be a fight.
Good Luck

by David

15:23 PM, 14th February 2022, About 3 months ago

As above, better for you to just allow the tenancy to go periodic and serve a s13 notice for increase and a s21 at the same time.


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