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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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We are in a fixed term AST which started on 11/11/13

Resolved Question:

Hi,
We are in a fixed term AST which started on 11/11/13 and ends 10/11/16. In the tenancy agreement the rent is set at £900 pcm with no break clauses or provisions for an increase. Our Landlord has contacted us saying they want to increase the rent to £950 for the remainder of the term which we have disputed as there is no provision for this in the agreement. Can they legally do this? They have told us they have taken advice and could have backdated the increase to Nov 15 if they had wanted to but were being nice by asking it only from May.
Can you confirm the legal position? It is unlikely we will renew in November anyway.
Many Thanks,
Simon
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello was the lease auto renewing every year or was it a straight 3 year lease?
Customer: replied 1 year ago.
It is a straight 3 year lease with no break clauses or any clauses relating to a periodic rent review.
Expert:  Jo C. replied 1 year ago.
You mean they are trying to increase the rent in the middle of an AST?
Customer: replied 1 year ago.
Yes. They say they have taken advice and are able to do so and even backdate it to Nov 15 if they wanted to. I will add a copy of the lease agreement shortly.
Expert:  Jo C. replied 1 year ago.
Ok. I can have a look at that.
Customer: replied 1 year ago.
Did you receive the agreement?
Customer: replied 1 year ago.
Think I may not have attached properly. Here it is now.
Expert:  Jo C. replied 1 year ago.
OK. That contract is very clear.He is bound to £900 a month for 36 months from November 2013.
Expert:  Jo C. replied 1 year ago.
He can't just randomly vary the amount mid term. He is locked into an AST.He can increase the amount upon the end of the agreement but then he will still be subject to the fair rent assessment committee.Can I clarify anything for you?Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. I was sure that was the case but wanted to be certain.