How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

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.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69783
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions