Rent Increase after the date on the contract

[dejahal]

Hi, I was wondering if any one could help me out here.
I have clause on my tenancy contract stating that rent will be increased on annual basis on 28th of September. Thus, I expected agency to send me a notice for that before September but I did not receive anything. Then, this month I received email about rent increase and they state that my rent increase date on the contract is 28th of December which is wrong, of course they would also like to renew my contract which was also 28th of September and asking for renewal fee.
My questions are; can they increase my rent after the date on the contract passes or do they have to wait till next year to increase it?
As my contract (assured shorthold tenancy agreement) actually ended on 28th of September 2014 and rolled to periodic tenancy, can I directly talk to landlord without agency? Landlord manages the property.
Many Thanks

If you are on a periodic tenancy then yes they can increase your rent after the initial term. If the agency is still involved you should speak to them first.

What is the actual wording of the rent increase clause? If you can post that it will help. As for asking you to renew the AST, well they've missed the boat there as you are still in occupation now on a statutory periodic basis and I wouldn't be paying them any fee for that. Presumably your rent payments have been accepted so I cannot see how the agents can seek to enforce this.

like wow says you have now rolled over to a statutory periodic tenancy so no renewal is required (though they may choose to be arses and give you notice as per the standard terms). This will of course be massively more likely if you also resist a rent increase, so pick your battle carefully.

It doesn't make much difference to a LL whether you are on an AST or SPT so long as they know which should they want to serve you with notice to quit. A renewal fee benefits only the agent. I would want to clarify the situation re: the rent increase before doing anything. I think if it were me I would speak to the LL and explain you are now on a SPT as the agents have messed up in the dates and see what the LL's take on it is. Unless you are in a seriously desirable area with lots of good potential tenants around your LL will likely want you to stay on rather than risk a void period and having to pay extra fees to the agent in order to get a new tenant.

speak to the landlord who is paying the agents, tell him/her they've got stuff wrong. Tell the landlord what you want to happen, agree with him/her, then get him/her to kick the agent to make it happen.

In my experience the date has been they can't increase the rent BEFORE this date, not if they don't increase on this date they have to wait a whole year to increase it.

I have no idea, but would probably contact Shelter - they are really knowledgeable about the nitty gritty of renting in my experience.

Many thanks for your replies, I am fine with rent increase but I dont really like agents getting money for nothing such as contract renewal. So I will ask LL to see what he says.
I am also attaching a SS from my contract, many thanks.