Tenancy Agreement Issue

[Unexpectedbaby]

Wondering if anyone can offer some advice.

We have been in our rental property 4 years this summer. We signed a new 2 year tenancy agreement in January which included a rent increase. This has been mentioned prior without an amount in conversation. When signing the agreement the rent was increased by £20 per month. Thought it was odd but read through it with the landlady agreed and signed.

One month on following the first increased payment and she has noticed she made a mistake and meant to increase it by £120.

We have had a number of problems here including on finally just having a boiler service for the first time this past week despite chasing for it and it being a legal agreement.

Most specifically when we moved in we were promised new doors as the current ones are not secure and are not insulated. It's been impossible to heat this house in the time we have been here and have spent winters under blankets wasting heating.

I have now said that we are not comfortable with such a substantial rent increase, whilst in this new agreement, with the doors in the condition they are in. The response currently has been that if we are not happy we should look for somewhere else to live.

Legally, can they insist on a rent increase now we have a new agreement signed, even with their mistake? Also legally are they allowed to break tenancy and make us leave?

[ListenLinda]

I don’t have much advice, but I just wanted to say I have been in your posistion with a shitty landlord, not doing timely repairs etc.
we started looking and eventually moved, but there may be costs associated with this if you have recently signed a new lease.

bit off that you both read through the new agreement and signed it, and all of a sudden she ‘made a mistake’.

someone else should be able to tell you if it can be enforced legally.

[Unexpectedbaby]

Thank you. The whole situation is making me feel ill. I hate conflict and honestly part of me would just pay the increase for an easy life but deep down know they are in the wrong. They have text me saying 'they have come to a decision and want to speak'. I have asked for their decision in writing because I can't face a phone call right now.

My brain goes worst case scenario and thinks we are going to end up with no where to live.

[Discovereads]

Yes a Landlord can increase the rent so long as they give you thirty days notice. So if your rent is due on the 1st and they told you today (May 2nd) of a rent increase, the thirty days notice means it cannot take effect until July 1st rent payment at the earliest.

They cannot back date it to the January date you signed the new tenancy agreement. Doesn’t matter it was a mistake, that’s their problem you don’t owe them from January onwards.

If you refuse the rent increase, they can then evict you through usual eviction process.

[CloseYourEyesAndSee]

@Discovereads

Yes a Landlord can increase the rent so long as they give you thirty days notice. So if your rent is due on the 1st and they told you today (May 2nd) of a rent increase, the thirty days notice means it cannot take effect until July 1st rent payment at the earliest.

They cannot back date it to the January date you signed the new tenancy agreement. Doesn’t matter it was a mistake, that’s their problem you don’t owe them from January onwards.

If you refuse the rent increase, they can then evict you through usual eviction process.

Are you sure they can do that within the period of a fixed rate tenancy?

[Unexpectedbaby]

@Discovereads

Yes a Landlord can increase the rent so long as they give you thirty days notice. So if your rent is due on the 1st and they told you today (May 2nd) of a rent increase, the thirty days notice means it cannot take effect until July 1st rent payment at the earliest.

They cannot back date it to the January date you signed the new tenancy agreement. Doesn’t matter it was a mistake, that’s their problem you don’t owe them from January onwards.

If you refuse the rent increase, they can then evict you through usual eviction process.

Even within an active agreement? I thought that it had to be an agreement on all sides if within contract?

[CloseYourEyesAndSee]

Citizens advice states that rent can only be increased within a fixed term if there is a rent increase clause in the tenancy.
OP is there such a clause? Is there a break clause?

[Unexpectedbaby]

@CloseYourEyesAndSee

Citizens advice states that rent can only be increased within a fixed term if there is a rent increase clause in the tenancy.
OP is there such a clause? Is there a break clause?

Not that I can see at all. It's a 2 year term with no clear break clauses outlined

[FlowerArranger]

It isn't necessarily true that the landlord can increase the rent during the fixed term. Some AST agreements have a clause stating that "the rent is fixed for the term of the agreement". Some agreements include a 'break clause' that allows either or both parties to terminate the agreement early - usually with 2 months notice.

You need to check your tenancy agreement!

[Crispycremedelight]

From Gov.I’ll website they can’t increase it £120 if it’s only £20 in writing they must now wait

[Shmithecat2]

If you've signed a fixed term (your OP says 2 years?) then usually, no, they cannot. It will depend on what it says in your contract - is there a rent review clause?

[Unexpectedbaby]

I have read the agreement at least 7 times this weekend (very worried about it all) and the word clause is not in there at all.

[defaulttodippy]

A rent increase can only be applied every 12 months legally. A minimum of one month's notice must be given.
If you have signed a two year tenancy agreement the Landlord cannot give notice until the 22nd month, for you to leave in the 24th month. Equally, you are unable to give notice and leave within this 2 year period, unless the landlord agrees to an early release.

There is nothing the LL can do. They have messed up the Section 13 rent increase and will have to live with it.

[Discovereads]

If you have signed a two year tenancy agreement the Landlord cannot give notice until the 22nd month, for you to leave in the 24th month.

Unless there is a break clause and they do a section 21 no fault eviction. They can serve it 4 months into the fixed term which is about now as it started in January and give you sixty days notice to vacate the property. You can of course stay and let the LL take you to court.

Most tenancy agreements have a break clause these days if it’s through a High St letting agent as they all use ARLA templates. If the LL is acting on their own behalf, might luck out and there not be a break clause.

[Discovereads]

Since you’re not sure about your tenancy agreement, I’d take a copy of it to Citizens Advice or call Shelter & send it to them for advice on your rights.

[Unexpectedbaby]

@Discovereads

If you have signed a two year tenancy agreement the Landlord cannot give notice until the 22nd month, for you to leave in the 24th month.

Unless there is a break clause and they do a section 21 no fault eviction. They can serve it 4 months into the fixed term which is about now as it started in January and give you sixty days notice to vacate the property. You can of course stay and let the LL take you to court.

Most tenancy agreements have a break clause these days if it’s through a High St letting agent as they all use ARLA templates. If the LL is acting on their own behalf, might luck out and there not be a break clause.

LL is not going through an agency at all. All managed themselves, badly.

The mistake was made because the rent goes to their daughter rather than they. The LL didn't realise her mistake until her daughter informed her how much we paid (the amount outlined in the contract).

[Unexpectedbaby]

@Discovereads

Since you’re not sure about your tenancy agreement, I’d take a copy of it to Citizens Advice or call Shelter & send it to them for advice on your rights.

I was going to get in touch with citizens advice tomorrow. Hadn't even thought about asking them to advise on my contract. Thank you!

[Ridingthegravytrain]

I would have thought that if it is their mistake and was written in a contract you both signed then it's their problem surely? And they can't make another change to the rent for at least a year.

[Maydaysoonenough]

She is a chancer isn't she? When you moved in legally you get a guide to utility costs. If those costs are higher due to lack of insulation etc suggest they are in breech of their ll responsibilities.. Contact Shelter for advice on repairs and maintenance of the property and your rights. ..

[Unexpectedbaby]

@Maydaysoonenough

She is a chancer isn't she? When you moved in legally you get a guide to utility costs. If those costs are higher due to lack of insulation etc suggest they are in breech of their ll responsibilities.. Contact Shelter for advice on repairs and maintenance of the property and your rights. ..

I think she is. She is relying on me not pushing as much as I should have for things to be done and just now rolling over and accepting having to pay more.

I never knew that regarding the utilities. Honestly if those doors are not done by this winter and we are still here, with the rise in energy prices we will not be able to afford to even try to heat the house. I'm not exaggerating when I say you can see your breath when it's cold in the house even with the heating on.

[Discovereads]

@CloseYourEyesAndSee

Are you sure they can do that within the period of a fixed rate tenancy?

Sorry I stupidly thought they’d ended a fixed term and were now a periodic tenancy. So my advice is wrong. They can only raise rent if there is a rent review clause in the agreement.

[chesirecat99]

If it's a 2 year fixed term contract with no break clause, they can't put the rent up until the fixed term ends unless there is a rent review clause in the contract.

If the landlord isn't maintaining the building (rather than just a cosmetic issue) and your doors aren't secure, you can complain to the Environmental Health Officer at your local council and they will inspect the property and compel the landlord to do the work if it is deemed necessary.

[Unexpectedbaby]

@chesirecat99

If it's a 2 year fixed term contract with no break clause, they can't put the rent up until the fixed term ends unless there is a rent review clause in the contract.

If the landlord isn't maintaining the building (rather than just a cosmetic issue) and your doors aren't secure, you can complain to the Environmental Health Officer at your local council and they will inspect the property and compel the landlord to do the work if it is deemed necessary.

Thank you. Do I have to give the LL notice of me doing this at all?

[chesirecat99]

I'm not exaggerating when I say you can see your breath when it's cold in the house even with the heating on.

This is also something that an EHO can assess. Does the house have a current EPC certificate? What is the rating?

[NotDavidTennant]

If the rent is being paid to her daughter she's probably fiddling her taxes as well as being a crap landlord...

[Discovereads]

@Unexpectedbaby

I was going to get in touch with citizens advice tomorrow. Hadn't even thought about asking them to advise on my contract. Thank you!

Yeah it really depends on the clauses in the AST you signed. Sorry for my initial post about rent increases, I was thinking of periodic tenancy and got my wires crossed. She should only be able to raise your rent in a fixed term AST if there is a rent review clause and if there is, only in accordance with what it says. No more often than once a year on the anniversary and if proper notice given.