Landlord wants to increase rent halfway through month?

[52andblue]

I have been a tenant for 4.5 years. The rental was done through an agency but I've had no contact from them as my landlord owns the farm I rent a cottage on so deals direct (actually ignores me mostly).

During this time my rent has not increase (though I was advised it is very high for the area). I have not felt bad about this as the property is in poor repair, I have had a repeated rat problem and had to go to the Council to get it sorted and even the front door has a huge hole etc. Landlord is nice enough but not remotely interested in maintenance, just collecting the £ which I have paid in full on time each month o/c.
I am a disabled single parent of two disabled children. We have lived quietly and looked after the property for them whilst here.

I've just had an email to say that he would like to increase rent by 20% from the 1st March (but his agents say it should be more) which he feels is 'fair given the current environment'. I think I will give notice at this point. I am supposed to give 1 month. Can I give it from now as I don't want to pay 20% more next month if I give notice on 1st March?

Don't give notice until you have found another rental. Try to search for other properties now.

They cannot increase it without notice and a new agreement , otherwise terms of existing one continue.

Read your tenancy agreement, highly unlikely he can increase it mid month and with so little notice.

I can find somewhere to go with short notice.
I just want to move now. I understand that rent can go up but there has been so little care for us as tenants over the whole time (I only went to the Council about the rats after llord refused to help for months) and the door (and quite a few other things). This feels like the final push.

Can I give notice in the next few days or will I need to wait till end of month please?

What tenancy agreement have you? Are you on a rolling contract or do you sign for a year at a time?
Anyway, you can speak to Shelter who will give you proper advice. You don't have to pay the new rent straightaway, I suspect you need to be given proper notice of rent increase, and in any event that will depend on your contract. I don't think it's legitimate for you to be given 2 weeks notice of such a steep rent increase. You could just email back to say you don't think it's reasonable or fair given the condition of the property and the current environment.
The agents may say they think it's reasonable but that would be because they will be collecting a percentage of the rent for themselves, so an increase is in their interest.
You could usefully start looking for alternative accommodation to get an idea of the market.
No need for you to give notice just yet. Speak to Shelter before you do anything.

Speak to Shelter but I think your notice would be from the end of the month and it depends on your contract

You are entitled to one month’s notice unless you are on a non standard tenancy or your tenancy agreement says something different.

england.shelter.org.uk/housing_advice/private_renting/rent_increases

You need to read your contract. If you don't have a contract you can go when you like.

It's a rolling 1 month contract. I pay on the 1st of each month.
Always have. This was the email sent direct to me by landlord:

"As I’m sure you’re aware, since you moved in three, or four years ago, we haven’t reviewed your rent.
But we feel this is something we should be doing on an annual basis.
So from the end of March, which for whatever reason, you now pay on the first of the following month. We would appreciate it, if you could put this monthly rent up by 20% (figures given).
This is still well below what (our agents) have advised, but in the current climate think is fair".

In the heavy snow of 2018, the single glazed window in the entrance porch (large) cracked right across. I told the landlord verbally and asked for it to be fixed. I'm still waiting (and it would be dangerous if it fell). I bet they are difficult about my deposit too. I have somewhere to go. I don't need a reference. This is my first rental. A friend who has rented for years said they will keep my deposit (although I've looked after the place it is quite run down) She said I should let them use my deposit as my last months rent but I think that would be breaking my contract and I don't want to behave badly. I do feel upset about it though.

Your deposit should be in a protection scheme and there are legal repercussions for the landlord if it isn't so even if the landlord wanted to be funny about returning it, they're not the ones actually holding it.

Take photos and keep any correspondence about your issues. The deposit should be in a registered scheme and you can dispute any deductions

Why do you pay on first of month if rent is due on 30th. It looks as if they are giving you 6 weeks notice of the increase though.

They've got to give more than 2 weeks notice!!

@Di11y they have. The notice is for end of March, not 1st.

Rent is due on the 1st. It always has been.

Good to know the landlord can't just keep my deposit but it seems to be a thing (according to friends) ? 4.5 years would allow for some wear and tear anyway, I guess?

@LIZS - does it read from end of March, ie April's rent??
sorry I think I panicked when I read it.

OP he should have informed you what deposit scheme your deposit was held in - if he hasn't he could find himself paying out up to three times the figure& he won't be allowed to keep any. Keep records of any things that have not been repaired & photos if necessary. Has he had your electrics checked? & has your gas boiler been serviced & had its safety check

So from the end of March, which for whatever reason, you now pay on the first of the following month. We would appreciate it, if you could put this monthly rent up by 20% (figures given).
Yes the rental period starting end of March. When does your contract state the payment due?

wear & tear is not considered a reason to hold back deposit -if he wants to hold some back you got to the deposit scheme to arbitrate. This is why he can find himself in real trouble if he hasn't done things properly

No gas in cottage.
No electrics checked in that time.
Shower broke recently and took days to fix (apparently he left a message with my 13 y/o Autistic dd?) Repair man works for him (they've been doing huge amounts of work on his house during lockdown - fair enough) but refused to wear a mask when he came in - rolled his eyes and said: 'd'you want it fixed or not love?'.
He's not awful but just lots of little things and this feels like the time to go (as I have somewhere to go, without a new landlord, hurrah!).

Did you have a tenancy agreement? What does it say about increasing rent?
The minimum notice is one month, so if you agreement has you paying rent on the 1st in advance, the earliest date your rent can go up is the 1st April.

Additionally, if your tenancy agreement doesn't have a specific clause about rent increases, a rent increase is only valid if the landlord serves you an appropriate notice under the Housing Act 1988 (currently a prescribed form call Form 4A) which gives you a right to challenge the rent if its too high (application to a tribunal). No form 4A, no valid rent increase.

Disrepair is a separate issue and there are lots of (ambulance chaser) solicitors who do not win no fee who might be able to help

I do have an agreement yes.
I can't access it for a couple of days but I'll check it then and come back here if I've any further queries.

Thank you - you've all been very helpful x

Your landlord should have have issued you with various documents:-

#1 information as to which scheme your deposit is lodged in (if he has not done this or had not lodged the deposit he is in BIG trouble and you can sue for 3 x the deposit) He has broken the Deregulation Act 2015. The deadline for protecting deposits on rolling tenancies was October 2018.

#2 gas safety certificate

#3 energy performance certificate

#4 "right to rent" booklet

#5 electrical check certificate (deadline is April 1 st 2012)

Unless he has all his paperwork in place he cannot issue a valid s21 and when it gets to court it will fail. He may be forbidden by the judge to use s 21 thereafter and will have to use s 8 which is far easier for a tenant to issue a defence.

Take photographs of all the items which need repair and make a note of any others within the last year or so, such as the broken window, hole in door, the rat infestation and so on. Do you have correspondence from your interaction with the council over the rat infestation?

@sneakysnoopysniper - thank you this is helpful.
No I didn't keep any records of the Rat issue. That was a mistake as I thought it was a one off but it's been much more than that.
I will check for the rest of the info.
My tenancy began in Oct 2018, I'll need to check the exact date as this seems an important month re my deposit?

If you don't want to stay in the property then don't accept the rent increase. Just give notice when you are ready and move out. You have to give a full calendar month notice from the rent due date so give notice before the 1st for the following 1st.