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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Landlord has said he might put the rent up now I’ve got a roommate. Is he being unreasonable?

78 replies

Tenantlandlord · 27/05/2021 22:04

I’ve rented a two bedroom flat for the last 6 years. I get on well with my landlord and like to think (hope) I’m a decent tenant. I’ve worked full time since living here but recently suffered a breakdown over the last few months and as a result I decided to leave my (very stressful) job. I thought I would have to give up the flat as I could only find part time work, which unfortunately meant I wasn’t able to cover all the rent and bills on my own. I went back and fourth on the idea of renting my spare bedroom out and asked my landlord a couple of months ago if I could do it. He had no issues with it and said that was fine, especially if it meant I could stay. I’ve now found someone who moved in a couple of weeks ago, so far so good. I’m still working part time but even if I find full time work I might just see how it goes with the roommate and if it works out he can stay long term if he chooses to.

My landlord has recently made a couple of comments in reference to putting the rent up. Can he do that? If so is he being unreasonable? Am I?

OP posts:
Poorlykitten · 28/05/2021 02:59

I think if you haven’t had a rent increase in 6 years, you are probably due one anyway, irrespective of new tenant.

dancinfeet · 28/05/2021 06:25

If the rent can go up for wear and tear of another person, does this mean that I can look forward to a rent reduction when my eldest DD fully moves out, hopefully later this year?? Oh good!! I shall look forward to what my landlord has to say about that, as we were three people living in our house and it will be reduced to two.
If it was a per person flat share to begin with fair enough, but how can the rent just increase if another person moves in? I cannot get my head around that. What if it had been a partner that moved in, or you had a child? Would the rent still increase?

Hsjdb7483939 · 28/05/2021 06:30

He can raise the rent whenever he wants and to be honest if he hasn’t raised it in 6 years I’ve think you’ve done quite well. I’d look at what other 2 bed places in your area are renting out for to see what’s reasonable.
My landlord said he was putting the rent up and I checked what other flats were renting for in a similar condition and asked him to reconsider as other places weren’t renting out for as much as he was suggesting; it worked and he decided not to.

drpet49 · 28/05/2021 06:34

Not he isn’t being unreasonable. He can raise the rent if he wants.

Cactusesi · 28/05/2021 06:43

He can do whatever the lease allows him to do.

But 2 can play at that game. Tell him if he puts the rent up you will have to leave - whether or not that is a sensible tactic dependsnot only on your personal circumstances but on the market conditions. If he will easily re-let your home then it is not much of a threat.

Increased wear and tear, increased insurance costs. I have rarely heard anything so ridiculous.

Landlords should appreciate good tenants. May his next tenant give him endless grief and do a moonlight flit owing him thousands. Perhaps then he will learn not to be so greedy.

happinessischocolate · 28/05/2021 06:45

Maybe the landlord is thinking that the "lodger" has a full time job and therefore even with you working parttime, there
Is more money coming in than when you were full time and paying all the rent yourself.

If/when the landlord mentions it again be prepared and say that if the rent goes up you will both have to consider moving out.

Hopefully you'll be okay, landlords do prefer known reliable tenants who pay their rent.

TwoLeftSocksWithHoles · 28/05/2021 06:50

I believe the council tax may increase, as a single occupant gets a 25% reduction.

DelilahTheParrot · 28/05/2021 06:59

Landlord owns the house and sets the rent, simple as that. However, your tenancy agreement is a contract with him/her which should guide what each of you can do and when.

S/he can increase the rent when the contract comes up for renewal. When does your tenancy end?

At present, subletting allows you to save money in several ways. 1) it contributes towards your rent (nor the landlord’s. 2) It will reduce your council tax payment by 30% because you’ll go from paying all of the 75% rate to half of the 100% rate. 3) It will bring your bills down because they won’t double by having a roommate in with you, they might increase by 30-40% for example, which means you’ll pay less than you do now if they’re halved.

If you’re signed into a rolling contract with the option to renew annually then there will probably be a clause built in which sets how much the rent goes up by (usually it’s RPI or 3% whichever is higher, something like that).

If you’re not signed into a rolling contract (usually these have a three year term but the term is negotiable before you sign) or it has come to an end (eg 2 x 3 years), then the landlord can increase it as much as s/he wants because you’re not in a contract with them beyond the end of this tenancy year.

It may be that you are in breach of contract if you have sublet the property, even if the landlord has agreed that. This could also change things.

You need to speak to your managing agent for advice. But quite honestly the landlord has absolutely no moral obligation at all, they do however have a legal obligation and you’ve not said anything which suggests they are breaking that so far. Even though you’re likely to be in breach of contract by subletting.

If you can give more information on 1) how many times in the last 6 years has rent gone up, and by how much and 2) when does you tenancy year end and what is written in your contract about increases in the event it’s a rolling contract, that would help.

Sorry to hear you’re in this difficult position.

NeverDropYourMoonCup · 28/05/2021 07:00

If posters think he's reasonable in wanting an increase in rent specifically for an extra person, would they also expect to have rent halved for anybody whose husband leaves them? Or doubled if somebody got married or became eligible for child benefit due to having a baby? 'Congratulations. Please increase your payments'

He's entitled to increase rent, yes, but not because 'I want a cut'.

DelilahTheParrot · 28/05/2021 07:02

@NeverDropYourMoonCup I think some of the posters you’re referring to are just morally outraged and don’t really understand tenancy agreements.

We need more info before it’s possible to say whether it’s right or wrong.

DelilahTheParrot · 28/05/2021 07:03

@TwoLeftSocksWithHoles this would mean the OP pays 30% less than she does now as subletting doesn’t usually include bills.

DelilahTheParrot · 28/05/2021 07:07

@happinessischocolate If/when the landlord mentions it again be prepared and say that if the rent goes up you will both have to consider moving out.

If this were my tenant (I have rental properties), I expect I would let them go as I need to know that over time, my tenant is able to keep roughly in line with market value. Yes I make allowances where the property is well kept and tenant is reliable, but that’s at my discretion and it’s sometimes economically more worthwhile to keep the rent in line with market value and use any difference for costs of upkeep, than it is to have it paying below market value for any period of time because no matter how much care someone takes of it, wear and tear still happens.

Whydidimarryhim · 28/05/2021 07:08

There is something for housing called fair rents - I think.
You could see what he’s asking - he’s meant to give you notice re increase.
You can contact your local housing aid as they maybe able to advise.

andivfmakes3 · 28/05/2021 07:15

Well he would have rented the place to you initially based on your affordability and income at the time....you've now dropped salary and can only afford to continue the rent if you sublet which makes you a higher risk tenant?

Beautiful3 · 28/05/2021 07:33

Yes he is correct because you are sub letting.

rwalker · 28/05/2021 07:34

Depends if you've had any increases over the last 6 ears and are you paying going market rate.

JustLyra · 28/05/2021 07:37

He can’t just raise the rent willy nilly.

However, he can raise it in mind with your tenancy agreement.

He’s being a bit daft if he does it just because when you’ve been open about your financial situation. Especially with the backlogs on evictions and the likes meaning it’s absolutely not in his best interest for you to be struggling financially.

DelilahTheParrot · 28/05/2021 07:46

@JustLyra I disagree with you. If the tenant is struggling financially then it’s not in the landlords interest to keep them on (STC). You can’t go throwing around “backlog in evictions” as some way of blackmailing the landlord into doing something that’s not in his interests!! Likewise “huff well I’ll leave then” isn’t going to go well either.

I don’t think the OP sounds like the sort of person who wants to go down the eviction route so moot point. They should reach an agreement together based on market value, existing tenancy agreement, and projected circumstances for the year ahead. Not on moral obligation, threats, or coercion from either side.

vivainsomnia · 28/05/2021 07:55

you haven't provided the only info that matters which is how often he has raised the rent before and at what rate.

He has a right to raise rent annually. If he hasn't, see it as just a coincidence that he is now and that's fine. It would happen at some time anyway and it will never be welcome.

If he wants to raise it again, just because of the subletting, that's a bit cheeky.

JustLyra · 28/05/2021 07:57

[quote DelilahTheParrot]@JustLyra I disagree with you. If the tenant is struggling financially then it’s not in the landlords interest to keep them on (STC). You can’t go throwing around “backlog in evictions” as some way of blackmailing the landlord into doing something that’s not in his interests!! Likewise “huff well I’ll leave then” isn’t going to go well either.

I don’t think the OP sounds like the sort of person who wants to go down the eviction route so moot point. They should reach an agreement together based on market value, existing tenancy agreement, and projected circumstances for the year ahead. Not on moral obligation, threats, or coercion from either side.[/quote]
As a LL I couldn’t disagree more.

The OP is paying her rent atm after finding a solution to a problem. Many people have got into rent arrears after losing jobs and hours this last year, but she’s proactively found a solution.

Unless the lodger has 12 cats, 2 dogs and or a hobby that is going to cause significant wear and tear then doing anything other than the annual review that they’d have done anyway is downright silly.

Any LL not taking into account the current massive backlogs is stupid imo. It’s absolutely not in their interests for the OP to be financially struggling atm.

A fair rent review as per the tenancy is one thing. Arbitrarily putting up rent because of the lodges is another.

SmallPrawnEnergy · 28/05/2021 08:03

I am an OCD psycho Blush
Have you actually been diagnosed with OCD as this is so fucking offensive, I didn’t think people were still so flippant about mental health in this way.

can't see there being much "wear and tear" personally, there certainly hasn't been any in the last 6 years anyway!
OCD doesn’t mean you can magically not create wear and tear after 6 years unless your OCD means you stand in one spot 24 hours a day and don’t move from it Hmm you’re using the flat, naturally things will wear out and tire.

Ultimately you need to check your tenancy agreement as this should include how and when rent will be reviewed. If it’s not increased after 6 years it’ll be well below market value.

www.gov.uk/private-renting/rent-increase

I’d also question if this sort of subletting was covered by his insurance. Is the split of 50:50 too? As you mentioned if you were to return full time you’d consider keeping the room mate? It doesn’t seem fair if they’re paying more to subsidise your lifestyle and remember they could move out tomorrow and you’d be up shit creek. They could stop paying you too, how would you deal with this? Such a precarious situation.

DelilahTheParrot · 28/05/2021 08:12

@JustLyra there is absolutely nothing in the OPs post to suggest it’s “arbitrary”, just as there’s nothing to suggest it isn’t. That’s the problem with this thread

JustLyra · 28/05/2021 08:14

[quote DelilahTheParrot]@JustLyra there is absolutely nothing in the OPs post to suggest it’s “arbitrary”, just as there’s nothing to suggest it isn’t. That’s the problem with this thread[/quote]
Which is why I specifically said if it was arbitrary it’s daft, if it’s a standard fair annual review it’s not...

MjonathanB · 28/05/2021 08:16

If there’s not a new contract to recognise and involve the new tenant, that person will have no rights or responsibilities, and you’ll be accountable for the whole rent, whatever it is. That’s not good for anyone in the deal.

If there is a new contract, then part of it might be a change in the rent. That’d be legal.

But you’re not asking whether it’s legal - you’re asking whether it’s reasonable. And obviously opinions vary.

If i were trying to convince the landlord, though, I’d say, “If there were two of us here originally, and the other one left, would you lower the rent?”

I’m a landlord, and I’d think that was a pretty good argument for leaving it be. Though my wife probably wouldn’t.

Elieza · 28/05/2021 08:28

If the rent hasn’t gone up in years he probably will put it up now. Which is understandable. The cost if everything goes up at least in line with inflation.

My worry if he puts it up is that if it doesn’t work out with your tenant and they leave, will your rent still stay higher. And I think the answer is yes. Then you will have even more problems. Higher rent he’s based on your presumed increased ability to pay due to your extra tenant income, and no tenant.

Find out about your rights when subletting.

Honestly, if it was me I’d try and be a bit careful about it and ask the landlord to not officially amend the rent agreement but for the duration that you have a flat mate you will provide the landlord with increased rent cash in hand. I’d be honest and tell him that you’re having to get a flat mate as you’re salary has gone down. The flat mate won’t have anything in writing and no security but if all of you are happy with this as a temporary arrangement to see how it goes then it could be a solution.

However it depends on how well you know the flat mate and his expectations in the situation, and if the landlord is willing to take cash in hand for say six months to see how it all goes.

PS I don’t know what you’d do about a deposit for the tenant in this situation.