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UK-Justice
UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My step - Daughters Landlord has given her verbal notice tha

Customer Question

My step - Daughters Landlord has given her verbal notice tha he requies to increase her rent from £650:00p to £800:00p ,he is open to proposals for a step approach to achieving the increase of £150:00p
On checking rents for similar properties in the locality , Stockpor SK4 2JA it seems a reasonable approach !
There is a short hold tenancy agreement in place , I don t know the contents , as a short term gesture my Step - Daughter has offered £ 65.00p per calender month.
Is the landlord approach correct , please note my Step - Daughter is on a very low income and lives in the property with her two sons .
Is it possible to give some outline advice ,and what process is involved ?
Regards XXXXX XXXXX Knowles ( step- father )
Submitted: 3 years ago.
Category: Property Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What type of tenancy does she have?

Is she in a fixed period?

Does the Landlord live in?
Customer: replied 3 years ago.

There is a landlord generated short term asssured tennancy agreement i think it is a typed copy and each party has a copy


 


I think the agrreement is for one month periods


 


No the lanlord has his own property - he has a portfolio of 15 houses


 


 

Expert:  UK-Justice replied 3 years ago.
When did she sign the agreement?

It would normally be for a period initially for 6 months.
Customer: replied 3 years ago.

the rent agreement was signed in 2008


 


 


the landlord is being very understanding ,but since 2008 ,the rent has only been increased once in 2011 , from £595.00p to £650.00p , and now a request to £800.00p


 


My step - daughter can t afford this level of increase

Expert:  UK-Justice replied 3 years ago.
Thanks. From landlord zone:


Rent increases may be stated in the tenancy agreement, so the tenant would have been made aware of the rent increase in advance by the landlord. If there is no mention of a rent increase in the agreement and the tenant is unwilling to mutually agree the increase then the landlord may issue a section 13 notice.

If a landlord does not follow the correct procedure and give the tenant notice of the increase then the tenant can continue paying the set amount of rent. However, if a tenant disputes the increase this could lead to them being evicted if the initial fixed period has ended.

Landlords often increase the rent when they renew a tenancy agreement, as this makes it easier for them to evict a tenant if they disagree with the new rent terms. At the start of a new fixed term agreement any rent increase should be agreed by both landlord and tenant. The tenant will then be renting through a fixed tenancy agreement.

After the initial fixed period has ended, if the landlord and tenant do not sign another agreement, but the tenant is allowed to stay and continue paying rent on a monthly, fortnightly or weekly basis then the tenant is renting through a periodic tenancy agreement.


Notice required before an increase

A landlord is required to give the tenant sufficient notice before a rent increase is to take effect.

For a monthly, weekly or fortnightly tenancy one month’s notice of the intended increase is required. For a yearly tenancy, a period of six months' notice is required before the increase can be put into effect.

The date on which the new rent is required must not be earlier than a year after the date when the rent was last increased using a section 13 notice. If a new tenancy is in place then the date should not be any earlier than a year after the date when the tenancy started.

The rent increase must begin on the same day of the month that the tenancy started, not another day of the month. For example, if the rent for the tenancy is due on the 28th of every month then the new increased rent should also be due on the 28th of the month.


Periodic Tenancies

If the fixed term of a tenancy has ended and no new agreement has been signed, then the tenancy automatically becomes a periodic tenancy.

If the tenancy agreement does not provide information on a rent increase, then the landlord can only increase the rent if either :

the tenant and landlord agree, or

a section 13 notice is issued.

There is no limit on the rent increase a landlord can propose with periodic tenancies.

Periodic tenancies make it more difficult for a tenant to oppose rent increases as they have little protection from eviction. The landlord has the right to decide to evict the tenant using the correct procedure rather then accept lower rental payments.

Rent Assessment Committee

If a tenant thinks that the rent charged on the property is excessively high then they can refer the rent to the Rent Assessment Committee. However, after the initial fixed term period, and once the tenant has signed a new agreement, they will no longer be able to refer the rent to the committee.

The committee will sometimes visit the property and conduct an external and internal assessment, to enable them to decide on a fixed rent, if they feel this is necessary or they have been requested to do so by one of the parties.

Referring high rents to the Rent Assessment Committee can in some cases result in the rent being increased, if other similar properties in the area have higher rental charges. Alternatively, the committee may agree that the rent is too high and issue the landlord with a market rent value for the property. If the committee feel that the rent charged is reasonable it may remain at the current rate.

Landlords are entitled to charge a full market rent. The market rent which can be charged depends on the availability and rent charged for similar properties in the area. Market rent is the highest amount of rent the landlord can legally charge for a particular property.

Once the Rent Assessment Committee receives an application to review the rent on a property, both the landlord and tenant are informed and given the option to apply in writing or ask for an oral hearing. If the Rent Assessment Committee holds a hearing, then both parties will be given sufficient notice and be able to have a barrister, solicitor or housing advisor present to represent them. During the hearing, both parties will have the opportunity to represent themselves through giving evidence, drawing on witnesses and questioning the other party. The documents used as evidence during the hearing should be issued to both the landlord and tenant.

Following a hearing by the Rent Assessment Committee, the landlord and tenant will be informed in writing of the decision and the proposed rent, along with a summary of the reasons for the decision. If the tenant or landlord would like more detailed reasons on the decision they can request this within twenty one days of receiving the summary. The full reasons for the decision will then be issued by the Rent Assessment Committee within twenty eight days of the request being made.

The landlord is only then able to increase the rent after one year of the Rent Assessment Committee making their decision.

If a tenant refers a new rent to the Rent Assessment Committee, the application must be received not later than the one day before the new rent is payable. If the committee receives the application after this date the application will not be accepted, and the new rent which the landlord has decided will be payable by the tenant.

A tenant may decide to discuss the rent increase and see if it is possible for the landlord to increase the rent gradually over a certain length of time. In some cases a landlord may prefer this to the option of finding new tenants.


I realise that this is stressful for your daughter but hope this helps.




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UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

I feel that thiungs are in a very sticky siuation because discussions have taken place for over a month ,and the landlord is giving her another month to improve her offer ,to close thvery substanial gap ,even with the £65.00p !

Expert:  UK-Justice replied 3 years ago.
Yes - she should dispute this, pay the undisputed amount and then raise a claim for disputed rent...................
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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