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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Can a landlord do this?

35 replies

Cleooo · 27/02/2023 17:09

Just wondered if this is something landlords can do as I was under the impression that its not but wanted to check.

a family member of my landlord may be buying the house and taking over as landlord. buying the house as tenant in situ but immediately wants to raise the rent by £65. I’m already struggling as it is. Can a new landlord raise the rent straight away?

OP posts:
Overthebow · 27/02/2023 17:11

Do you have a contract? What does it say about rent rises?

FlowerArranger · 27/02/2023 17:14

Check your AST agreement. There should be a clause about rent increase.

Are you still in the fixed term or is it a rolling contract?

What proportion of the rent does the increase represent?

SBHon · 27/02/2023 17:15

Shelter may have some advice.

Original poster
Cleooo · 27/02/2023 17:15

He says that I will have to sign a new contract with him if I want to carry on. I have already had a rise in the last few months though with current landlord

OP posts:
Original poster
Cleooo · 27/02/2023 17:17

Currently on a rolling contract but he would like me to sign a new fixed term one with him. I don’t think I will be able to afford the increase though

OP posts:
Burntoutcandle · 27/02/2023 17:17

The new landlord gets you with the existing contract in place until it expires.

GenuinelyDone · 27/02/2023 17:25

Being on a rolling contract means that your landlord can just give you ordinary notice (normally a month) to increase your rent.

Definitely contact Shelter if you need support.

FlowerArranger · 27/02/2023 17:26

If it's a rolling contract he has to give you 2 months notice under Section 21.

If you want to terminate and move out you need to give 1 month notice.
Notice needs to be dated at least 1 day before next rent day.

I don't think you can dispute the rent increase, but better check with Shelter or ask at LandlordZone.

Overthebow · 27/02/2023 17:29

If you're on a rolling contract then yes they can as long as you get the appropriate notice.

Original poster
Cleooo · 27/02/2023 17:30

Thank you all. I will look into my options and speak to shelter tomorrow

OP posts:
2bazookas · 27/02/2023 17:42

Your old LL will give you notice to quit because they are selling the house (perfectly legit). Your rolling tenancy terms will determine the notice and the terminal date of your current tenancy.

The new owner will then offer you a fresh tenancy contract on terms that suit them. Type of tenancy, rent, any other conditions they care to set about pets etc.

KillingLoneliness · 27/02/2023 17:54

You can tell them you can’t afford it they may be happy to negotiate with you, the only downside is they can issue a section 21 if they don’t want to negotiate the increase.

KillingLoneliness · 27/02/2023 17:55

Tenancy UK are also a very helpful Facebook group but definitely speak to shelter, also do you claim any benefits to help with rent costs?

LumpyandBumps · 27/02/2023 18:47

Your new landlord buys the property subject to your existing tenancy.
If you are on a periodic/ rolling monthly tenancy and your rent has not been increased within the past 12 months he could give you one month’s notice and increase your rent.
As far as I am aware rents can normally only be increased once per year, but you would need to show your tenancy agreement to an organisation like CAB or Shelter to check this.
You are under no obligation to sign a new fixed term contract. It might be in your interests to do so though, as he wouldn’t be able to further increase the rent or issue a Section 21 notice to quit within the fixed period. Again you would need proper advice regarding this.

Original poster
Cleooo · 27/02/2023 19:14

@LumpyandBumps thank you that is helpful. My rent was increased already by my current landlord around 6 months ago

OP posts:
Original poster
Cleooo · 27/02/2023 20:57

Just looked through my tenancy agreement and there is no clause in there about rent increases but it’s already been increased once in June last year

OP posts:
FlowerArranger · 27/02/2023 21:09

By law, along with safety certificates, deposit protection prescribed information and T&C, your original LL should have issued you with the government's How to Rent Guide at the start of the tenancy.

I don't have time to check, but I think it contains a section on rent increases. Can you have a look and see what it says?

Iam4eels · 27/02/2023 21:17

For a rolling tenancy your landlord can usually only increase the rent once a year and even then only with your agreement. The increase has to be realistic too and in line with market rents for your area. "With your agreement" is a very loose term though because if you don't agree they'll just serve you a Section 21.

The best course would be to speak to the new landlord and see if you can negotiate the increase to something more affordable. Point out that you've been a good tenant, always paid on time, kept the property well, etc as a good tenant known to be reliable is much better than an empty property followed by an unknown/unproven tenant.

LumpyandBumps · 27/02/2023 21:29

Cleooo · 27/02/2023 20:57

Just looked through my tenancy agreement and there is no clause in there about rent increases but it’s already been increased once in June last year

I think that even if the Tenancy Agreement is silent about rent increases they are still allowed once every 12 months. I am thinking that something like a section 13 notice might be required. Apologies that my knowledge of this is a bit sketchy. The Tenancy Agreement I use does mention rent increases, although I don’t generally increase rents, just review for new tenants.
Please take advice from Shelter or CAB. I don’t think you need to sign a new agreement agreeing to an increased rent, but please bear in mind that at present it is still possible for the landlord to issue a section 21 notice for no fault eviction ( assuming that the current one has complied with all of the requirements) and worrying as it is try keep communication as pleasant as possible.
You obviously don’t want to have to pay an inflated rent. Have you looked at the rent for similar properties? If they are more expensive it is likely that you might eventually have to pay more. If you are a good tenant though the new landlord would be very foolish to lose or upset you.

Boomboomboomboom · 27/02/2023 21:34

If there is no contractual rent increase clause then s13 and 14 of the Housing Act 1988 apply and the rent can only be increased once within a 52 week period. The notice of increase has to use Form 4 (a prescribed form)

Your landlord selling the property does not mean you have to sign a new tenancy (the landlord's interest is essentially assigned or taken over by the new landlord).

Tell them you do not accept a rent increase.

The new landlord can either keep you on at current rent or issue a s21, provided they've comply with all the requirements (you received gas certificate, epc, deposit protection info).

londonrach · 27/02/2023 21:42

Ll has to give you a section 21 and two months notice to leave. He or she takes you on basis you already on. Talk to shelter

Original poster
Cleooo · 27/02/2023 22:03

Thank you everyone for all your helpful advice. I’m not sure why the new landlord who will be taking over wants to set up a new tenancy agreement but he says I can either sign for 6 or 12 months and he keeps asking me if I want to be a long term tenant. I have been here almost two years and apparently my current landlord has told him I’m a good tenant.

I do pay slightly less than the average for this type of property in my area but the reason he wants to increase it is because he says his mortgage will be higher so I’m not sure if it can be negotiated.

The gas certificate expired a few months ago and I’ve tried to chase up my current landlord about this. I don’t think I received a How To Rent Guide and I never received a physical copy of the current tenancy agreement. I only have photos of it on my phone which my Landlord told me to take.

OP posts:
FlowerArranger · 27/02/2023 23:04

Oh dear, where to start...

Your original landlord has broken lots of laws!

At the start of the tenancy he should have given you:

Copy of the signed AST Agreement
Certificate from the deposit protection scheme he is using (did he protect your deposit? If not he is in deep doodoo!!)
Prescribed information for the deposit protection scheme
Terms & conditions of the deposit protection scheme
Gas safety certificate (this has to be up to date at all times - so he has broken yet another law.).
Electrical safety certificate (5-yearly)
EPC certificate (every 10 years)
The government's How to Rent Guide

If any of these are missing, you can sue him - though I'm not sure how this is affected by the tenancy having been transferred to the new owner/landlord.

Here is the How to Rent Guide - read it carefully, and talk to Shelter asap.

www.gov.uk/government/publications/how-to-rent

Iam4eels · 27/02/2023 23:06

Chase them on the gas certificate as this is a legal requirement, he can be prosecuted if he doesn't get it done and you're within your rights to report it to Environmental Health at your local council (they deal with housing H&S issues).

You should have the basic terms of your tenancy in writing and this should have been provided within 21 days of your tenancy commencing.

You should have been given a copy of How To Rent, either a physical copy or a digital one, at the start of the tenancy.

Is your deposit held in an approved deposit scheme? I would check this also given that they've been lax with the rest of their responsibilities. You will be entitled to claim back up to three times the initial deposit if it isn't protected.

Basically because their paperwork is not currently in order they cannot issue you with a Section 21 notice. You can use this as a bargaining chip in your rent negotiations.

Iam4eels · 27/02/2023 23:09

If any of these are missing, you can sue him - though I'm not sure how this is affected by the tenancy having been transferred to the new owner/landlord.

New landlord hasn't taken over yet based on the first post where OP says they may be buying the property and taking over. If they did take over then the previous landlord would be liable and if the new landlord didn't correct it then they would also be liable. I'm fairly sure this would affect the sale of the property with a sitting tenant as I'm certain that for a buy to let mortgage they need to prove their tenancy paperwork is completed.