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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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Landlord does not issue legal rent increase notice?

Resolved Question:

If I am in a month to month tenancy and the landlord increases the rent verbally with no written notice, does the new rent amount have to be paid on the rent due date? If the increase in rent is not paid on the rental due date, does that invalidate any prescribed legal terms of serving a correct rent increase notice? My landlord has never increased my rent using a Section 13 or any other written notice method. Should a contract have been drawn up between the tenant and landlord to legally increase the rent and make it binding?

Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What type of contract is this please?
Customer: replied 3 years ago.


This is a rental agreement that was signed in England in 2006 for a fixed period of 12 months - a standard Assured Shorthold Tenancy. The tenancy expired and became a Statutory Periodic Tenancy i.e. a monthly rolling contract. The rental increases over the years have all been verbal. I want to make sure that no laws were contravened as the tenant is claiming that I did not make them aware of their rights to oppose a rent increase as I failed to serve the requisite notices.

Expert:  Remus2004 replied 3 years ago.
Thanks.

Its not your responsibility to make them aware of their rights. Tenants are not children despite the fact that you would never notice given the way they regularly behave!

Its for them to find out their rights.

However, I'm afraid you do need to give proper notice of a rent increase which requires written form of no less than one month.

That said, the fact that you haven't done it just means that he could have refused to pay. He hasn't done that because he expects you to explain his rights to him and thats his problem. he needs to manage his affairs like the rest of us.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.


Thanks! What about the first part of my question - if the increase in rent is not paid on the rental due date, does that invalidate any prescribed legal terms of serving a correct rent increase notice? i.e. if the rent is due on the 1st and the landlord called the tenant on the 19th to say that an increase is due immediately and the tenant pays a new rent on the 19th or 20th, how does that affect the rental agreement?

Expert:  Remus2004 replied 3 years ago.
Well, that isn't the way things should be done.

The landlord should give notice on the 19th or 20th to begin on the first to run for one month.

But the fact that you have started accepting rent on another day doesn't alter the end dates of the contract.
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