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Advice Needed on Renting/Contract

6 replies

salsamad · 04/04/2025 13:03

My DS & his partner currently rent a one bedroom flat. They’ve rented for nearly 3 years with no issues til now. Firstly on a 1 year tenancy contract then on a 2 year. They are saving to buy but realistically need another year in rented.
The management company that oversee the flat/rent/inspections etc have contacted them with a shocking 27% increase in their rent from May.
My DS asked if they could negotiate and there was some back/forth and the management company, who were very annoyed at having to do this but agreed on 21% increase, however they are being put on a rolling contract.
The company say that’s how all contracts are now ….my DS is concerned with lack of security on rolling and is worried that they are going to advertise the flat at the higher price they originally wanted and ask them to vacate if they get interest. Can the company actually advertise the flat at a higher rental and do this?

OP posts:
VanCleefArpels · 04/04/2025 13:10

They don’t need to worry about being asked to vacate the flat - they need to be served proper 2 months notice (assume England?)

With regard to rent the landlord can serve notice to increase the rent if not agreed. This cannot be more than the prevailing market rent for this type of property in that area - there a tribunal your DS can refer to if they don’t agree. However it sounds like this boat has floated

As for security the rolling contract does give them less security than a fixed term but if the landlord doesn’t want to give a new fixed term then there’s not much they can do about that. However as above the landlord needs to give proper notice to evict

salsamad · 04/04/2025 13:57

Thanks VanCleefArpels. Unfortunately on a rolling contract also known as a periodic tenancy there’s only 1 months notice needed hence their anxiety.
I just wondered if anyone knew if a new rent had been agreed with current tenants etc could the landlord/company then go on straightaway to advertise the flat at a higher rate?

OP posts:
thecatneuterer · 04/04/2025 15:03

If you're in the UK then on a periodic tenancy the landlord needs to give two months notice (the tenant only needs to give one month). Then of course they don't actually have to leave. At the moment serving notice to bailiffs arriving is 11 to 12 months.

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VanCleefArpels · 04/04/2025 15:04

thecatneuterer · 04/04/2025 15:03

If you're in the UK then on a periodic tenancy the landlord needs to give two months notice (the tenant only needs to give one month). Then of course they don't actually have to leave. At the moment serving notice to bailiffs arriving is 11 to 12 months.

Not accurate to say “Uk” in this context - rules and procedures differ in the four nations

VanCleefArpels · 04/04/2025 15:08

salsamad · 04/04/2025 13:57

Thanks VanCleefArpels. Unfortunately on a rolling contract also known as a periodic tenancy there’s only 1 months notice needed hence their anxiety.
I just wondered if anyone knew if a new rent had been agreed with current tenants etc could the landlord/company then go on straightaway to advertise the flat at a higher rate?

Which country in UK are you in? Notice under an English law AST is two months. The rolling tenancy keeps exactly the same terms as the original signed tenancy agreement, nothing changes except for the term.

There’s nothing to stop a landlord from advertising a property I suppose but a) current occupants under no obligation to allow viewings and b) the landlord would not be able to give vacant possession until such time as either the current tenants agree to leave or they get a court order to force them to leave. So in practice this will not happen

thecatneuterer · 04/04/2025 15:09

VanCleefArpels · 04/04/2025 15:04

Not accurate to say “Uk” in this context - rules and procedures differ in the four nations

Indeed they do. But it's at least two months notice everywhere - never one. Scotland no longer has Section 21 so it's very difficult to evict there now full stop. Is Wales 3 months now? Whatever - no where is it one month.

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