Rent increase HELP

[User65412]

Shamelessly posting for traffic but need advice ASAP.
A family member of mine has privately rented a house since Feb. She works full time and until now has had no dealings with the landlady apart from one maintenence issue which was sorted by the landlady (eventually).
She's come home this evening to a handwritten note from the landlady saying that there will be an increase in rent taking place as of 1st November. The new rent is a 13% increase. The tenancy agreement says the rent cannot be increased for 12 months and after that may be increased in line with inflation.
Family member called landlady to question the increase and was told that if she won't pay the increase, she'll be served notice immediately.
Family member is going to seek support from citizens advice tomorrow but I wondered if anyone here knows more about this?
The contract was 6 months to start with and is now monthly rolling.

How long is her tenancy agreement?

Sorry I just saw it's now periodic
I'm afraid if it's periodic she can put the rent up I think
Sucks though

Have a look at Shelter's website.

www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/dealing-with-a-rent-increase/
Various scenarios covered here.

CAB are your best call but they will need to see the contract

Thanks - we have already looked at the website and it doesn't quite cover what's happening here. Hopefully we'll be able to find out more tomorrow.
The agreement says it will be for an initial 6 months, and monthly periodic thereafter but then goes on to talk lots about any rent increase only happening after 1 year, and then has to be between 2 and 5%. I'm not sure why all that is in there if it's irrelevant for a monthly contract. Thanks.

Tenancy agreements are a bit crap really. The law supersedes whatever is in it. So if your friend is on a periodic tenancy the landlord can serve notice for any reason they like. All your friend can do is try to negotiate.

Forget cab I find them mostly useless. For housing your best bet is to PHONE shelter.

There are strict rules on when and how much rent can be increased by

Sounds like the landlady is pissed off about the maintenance thing (which she shouldn't be - that's what a responsible landlord DOES) and is trying to indirectly mlm force your relative out which is illegal

Unfortunately in the real world it's very hard to get landlords to behave properly and legally.

Shelter are excellent at helping with stuff like this.

If the fixed term has ended - you need to check if the tenancy agreement is now a statutory periodic or a contractual periodic

If it's statutory periodic- rent can only be increased by serving a s.13 notice (form 4)

If it's contractual periodic then can only be increased by the terms in the contract (rent review clause)

To check whether it's a statutory or contractual periodic you need to check what the agreement says.

If it says this is fixed term for x months and is then silent it is a statutory

If it says this is for a fixed term of x months and then will become periodic rolling etc, it will be a contractual periodic.

s13 increases can be challenged in the first tier tribunal. The Form 4 has information how to do this.

Although the LL can serve notice regardless unfortunately.

Sorry cross posted - just seen your update. Its a contractual periodic then and rent can only be increased within the terms in the contract.
It can be disputed with the LL but does risk notice being served

Forget cab I find them mostly useless. For housing your best bet is to PHONE shelter

Shelter are good .... housing is their specialist subject after all and some branches of CAB do refer people on to Shelter where they don't have sufficient staff to handle queries themselves.
That's not to say that CAB are useless though 😂
The link I posted unfortunately does cover your scenario OP. There are restrictions on when landlords can increase rent but they are entitled to evict tenants if they follow the correct process.

Your friend needs to get advice.

But she also needs to stay put and not panic. If the landlord service notice make sure that it has been served correctly. Check her deposit is in a deposit scheme, that gas and electrical certificates are in place, that she has been given a 'how to rent' book. Without any of these things the notice is invalid. Reserving notice will give her extra time.

Next step potentially is to get on the council list. Whilst she has a home they will not help her - but will tell her to stay put until the court orders her out - not the landlord. Again this will buy her time.

Whether she has to pay the increased rent in the meantime I doubt - but I don't know. Having taken the advise PP suggest perhaps she needs to respond in writing to the Landlord stating that the increase is outside that prescribed by her contract and that she therefore will not agree to the increase. That may hold the figure for now.

@CloseYourEyesAndSee

Tenancy agreements are a bit crap really. The law supersedes whatever is in it. So if your friend is on a periodic tenancy the landlord can serve notice for any reason they like. All your friend can do is try to negotiate.

The law doesn't always supersede it. It depends who drafted the contract and the terms.

A term in the tenants favour in a contract the landlord drafted is likely enforceable.

Thanks everyone - really helpful info. We don't have much rent experience between us so this is all new. Tenancy agreements are a bit shit aren't they!

Is there a letting agency involved here or is it a purely private tenancy? 13% is a ridiculous increase. Under the current covid rules the minimum notice that can be given is four months, the thing is not to panic, keep paying the current rent, and move when it suits your friend, not when it suits your landlady.

It was advertised through an agency but not managed by one I don't think. The rent and maintenence is direct.