Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

my landlord’s unable to absorb cost of living increase

319 replies

originstory · 02/07/2022 12:31

so he’s raising my rent during a 1 year contract. AIBU to refuse?

I got a letter from landlord saying my rent is going up by 5% (£40). he explains that he’s no longer able to continue absorbing rising costs so has to pass it onto his tenants. regrets having to do this, feels forced into it by circumstances beyond his control etc. if I had a rolling month to month contract, fair enough, I’ve had rent increases in previous properties which is just what happens. but I signed a 1 year contract in February so didn’t think he could raise the rent during that contract? my googling appears to back me up but maybe someone will tell me I’m wrong. however, I’m considering just sucking it up for an easier life. AIBU to dispute this?

reasons to dispute it:

  • I have a contract until Feb 2023 so I feel he’s being cheeky to increase rent during it. Obviously it will increase when that ends and converts to a month to month rolling contract, which is fine.
  • The cost of living increase is hitting ALL of us (and will continue to get worse) and I must admit I have less sympathy for a landlord who owns multiple properties than I do his tenants
  • I don’t have a high income (at all) due to reduced capacity for work due to a chronic illness, which he knows. in fact it’s so low that I started claiming UC for the first time last year, so I resent paying him an extra £40 a month that could go towards my gas bill or food shopping

reasons to just agree:

  • he’s a good landlord, sorts repairs and problems promptly and reasonably
  • he’s correct in that he’ll be paying more for hallway lighting etc
  • he’s a nice man so I’d feel bad saying ‘i’m not giving you more money, too bad’
  • 5% is a very reasonable increase so it seems stupid to cause problems over it. If it was more I’d have less of an issue saying no
  • I felt lucky to find a landlord to rent to me in the first place due to my low income/ being on UC so it would be stupid to sour our relationship over £40
  • If I refused to pay I’d be wondering if he’s going to get rid of me when the contract is up because I ‘caused trouble’ and then I’d be back in the position of not knowing if I can find anyone willing to rent to me. i had several agencies refuse to let me even view properties as I’m on UC (illegal but it still happens)
  • honestly, I don’t like confrontation and it’s simply easier to just agree

AIBU to dispute this?

OP posts:
ThreeLittleDots · 02/07/2022 12:34

Is there a 6 month break clause and are you beyond that? If you refuse he could evict you, but I doubt they will if you say you will pay the increased rate after the 12 month point.

ILikeHotWaterBottles · 02/07/2022 12:35

I would be tempted to tell him to stuff it (what increases are really affecting him that justifies increasing your rent?). His bills for his own home are not your problem.

However rental properties are hard to come by right now, so probably best to agree.

ThreeLittleDots · 02/07/2022 12:35

Ah I see you moved in Feb. If your rent is competitive inc the £40 increase I'd just pay it tbh, as rentals are so hard to come by in my area.

Comefromaway · 02/07/2022 12:36

Is there a rent review clause in your contract?

Dobbysgotthesocks · 02/07/2022 12:37

YANBU but be prepared to receive a section 21 as soon as they are allowed to give you one. Mine just did for exactly that reason. I had a 23% increase and I asked for it to be reviewed and that I was going to take to tribunal and before I could I received a section 21. I'm now in the process of being evicted with virtually no prospects of getting another property because I'm self employed and have cancer.

landlords are a breed of their own and virtually all have little to no regard for their tenants sadly. I have absolutely toning positive to say about them at all

DifficultBloodyWoman · 02/07/2022 12:37

I’m reasonably certain what he trying to do is illegal. I would definitely talk to Shelter or your local CAB before you agree to anything.

MaitlandGirl · 02/07/2022 12:38

If your contract says he can increase the rent then you really need to pay it or you’ll be in breach of contract.

A 5% increase seems fairly reasonable, but how does it compare with other local properties?

Hintofreality · 02/07/2022 12:38

Like many, many others my mortgage payment has increased. Shall I just refuse to pay that as well?

ChangedForThisCause · 02/07/2022 12:38

In your circumstances I would pay it.

It's shitty but like you say, in Feb he could show you the door and then what?

Is the rent reasonable for the property/area?

If you were forced to move would a similar property cost the same after the 40 increase?

If so I would probably just suck it up.

You could be within your rights to say no but would it be worth it if he took that against you?

Really shitty situation

Comefromaway · 02/07/2022 12:40

Hintofreality · 02/07/2022 12:38

Like many, many others my mortgage payment has increased. Shall I just refuse to pay that as well?

If you were on a fixed rate mortgage like I was your payment would not have increased until that fixed term expired.

Comparing a variable rate mortgage to a fixed term Assured Shorthold Tenancy is not like for like.

JacquelineCarlyle · 02/07/2022 12:40

I agree with @ChangedForThisCause - shitty situation but given the potential repercussions for you, I'd not argue with it.

bigdecisionstomake · 02/07/2022 12:40

You are completely correct, a landlord can't increase the rent during the initial fixed term of the tenancy. It would ring warning bells with me that the landlord either isn't aware of this or is blatantly ignoring the legislation regarding this.

If it was me I would politely explain you have a contract until Feb 2023 therefore the rent can't increase currently but then start looking in plenty of time to be able to move in Feb 2023.

I would be worried that if he is so ignorant or prepared to deliberately ignore something as basic as this that there may be other things he isn't doing correctly too.

NightmareSlashDelightful · 02/07/2022 12:41

£40 per what — week, month?

Assuming you're in England — the law is different where I am (Scotland) — I believe landlords have a right to request a rent raise during a fixed term tenancy, but they can't force it, and you also have the right to refuse.

However, I understand the kind of 'soft context' that you describe — wanting to consider future relations and so on. Tenants are often in such a tenuous position as it is (I am a tenant myself).

This might be one of those compromise situations. Obviously you need to run your own numbers. But you could consider batting back the 5% and suggesting 2%, with the mindset of potentially being bartered up to 2.5%. That way, you're not flat-out refusing, but you are trying to minimise the impact on your own budget.

Comefromaway · 02/07/2022 12:42

You say you are on UC. Is your rent below the LHA rate for your area, ie will some of the increase be absorbed by that.

Onlyforcake · 02/07/2022 12:45

Hintofreality. You dont seem to understand your own mortgagd agreemrnt! You signed a mortgage contract that stipulated you would pay money at a rate subject to change against what they were lending you. The renter is NOT borrowing money they are renting, the contract signed is for a set amount of money for a set term. You chose to take on a potentially risky debt for yourself and committed to meeting payments. A Tennant signs a fixed term, because they are not willing or in a position to take massive risks about their outgoings. They are not comparable. If you choose to not pay your mortgage the bank will be in touch about what YOU agreed to. The landlord will have to act in accordance with the contract so might be three months notice of a change or might not have a provision within the contract period.

DeliveryTrickery · 02/07/2022 12:46

Your LL is a chancer

The correct time to raise the rent is at time of renewal of the contract, not half way through the contract

Has LL provided
Gas safety yearly certificate
5 yearly electrical safety certificate
Deposit in deposit scheme

pigsDOfly · 02/07/2022 12:48

If your contract says he can increase the rent then you really need to pay it or you'll be in breach of contract.

That's not true. If the law relating to the type of contract the OP has states that the LL can't increase the rent for the one year term of the contract then he can't increase it.

He can write what he likes in the contract but he can't contract outside the law.

Might be helpful to speak to Shelter OP and see if they can advise you what your rights are.

However, as pps have said he might give you notice if you don't pay it.

Naunet · 02/07/2022 12:50

Hintofreality · 02/07/2022 12:38

Like many, many others my mortgage payment has increased. Shall I just refuse to pay that as well?

Not relevant. She has a year long contract, he can’t do this, it’s illegal.

hatchyu · 02/07/2022 12:54

Like many, many others my mortgage payment has increased. Shall I just refuse to pay that as well?

This is your take on the OP?! #theyreallydowalkamongus

Original poster
originstory · 02/07/2022 12:54

sorry, should have said there’s no mention of a 6 month break/ his right to review the rent early in my contract. which tells me he can’t technically do this. However, I’m in a precarious position (as a lot of renters are) re finding somewhere else with a shit income so don’t know if it’s worth rocking the boat

OP posts:
Original poster
originstory · 02/07/2022 12:55

DeliveryTrickery · 02/07/2022 12:46

Your LL is a chancer

The correct time to raise the rent is at time of renewal of the contract, not half way through the contract

Has LL provided
Gas safety yearly certificate
5 yearly electrical safety certificate
Deposit in deposit scheme

yes he’s done everything else by the book so I was surprised by this letter

OP posts:
lostintheglowofmotherhood · 02/07/2022 12:55

I think that you'll have a lot of people saying fuck no, don't pay him but to find a decent landlord who will take benefit claimant tenants is a Ballache and a half.

If you're on your own can you maybe ask if he would accept 2.5% increase instead of 5% given you are bound to be struggling.

We currently rent. And our landlord hasn't put our rent up, but it has been discussed that things are rapidly changing and if the landlord needs to put it up, thats what we will have no choice but to accept.

Squareflair · 02/07/2022 12:57

Is your rent including bills?

ivykaty44 · 02/07/2022 12:58

Id seek help from Shelter

but Id be incline to write to him and stay that you are on a year contract and having researched and sought advice he is not able to legally increase your rent, you are not sure where that would leave you legally if you broke the contract. You would though raise the rent in feb 23 at a reasonable rate.

you state he does repairs promptly - seeing as you've only been there since feb, how many repairs have been needed?

CoastalWave · 02/07/2022 12:59

He can't and shouldn't do it but equally it's £40. If you had a mortgage (which obviously he does, and you're paying) it would have gone up by much more than £40.

Rentals are just getting snapped up where I live. I personally wouldn't run the risk of being homeless for £40 a month. Also, if you did have to move out, surely another property would be more than a £40 a month increase on what you pay now?