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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have a 12 month tencancy agreement which ends on June 6th

Resolved Question:

we have a 12 month tencancy agreement which ends on June 6th 2014. Our letting agent informed us on 8th May, that the Landlord would be seeking a rental increase of over £180 per month. We replied immediately saying that we were not willing to pay the increase at that we would be seeking alternative accommodation from 6th June.

We received nothing further from our landlord or letting agent until today (22/05/2014) which was an email stating:

"We have sent a reminder email to the Landlord to chase up your original email and the latest request. Looking at the Tenancy, the terms stipulate you must give two months prior notice to terminate the tenancy. Please refer to clause 2.5.1. In other words you can terminate the tenancy as of the 6th August. However, whilst it is your responsibility to provide notice etc, I think it is fairer to agree the 6th July when Tracey wrote to you on the 8th May to remind you the current term was due for renewal.

For now, let’s see what the Landlord thinks and we will come back to you."

We would like to leave the property on 6th June. Are we contractually bound to keep paying rent there until 6th August?

thanks
Stuart
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello Stuart my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Does the agreement have a trigger for rent increase please?

Alex Watts :

What date did you notify the agents that you wished to move?

Customer:

just checking the agreement for trigger now

Customer:

we told them on the 8th May immediately after their email to us informing of the planned rental increase on June 6th

Alex Watts :

Ok

Customer:

1.7.8 if this tenancy is extende, continued or run on as a periodic tenancy or if the tenant fails to respond to the landlords invitiation to renew the tenancy, then the rent will increase each year from the first rent due date more than 364 days after the commencement of the term, by the amount stated for the annual increase in the index of retails prices (all items) as quoted for the month two months prior to the month of the renewal (not less than 3% and nor more than 10%) the rent will not be reduced below the figure in 1.7.1

Alex Watts :

Ok - and the increase is this in accordance with that clause?

Customer:

it was 10%

Customer:

so yes

Alex Watts :

Ok.

Alex Watts :

The Landlord should serve a notice to the proposed increase which you can object to. At that stage it can go before a Rent Tribunal who will decide whether the rent increase is fair and proper.

Alex Watts :

That is the process if you want to stay

Alex Watts :

As you want to leave then you are bound by any notice period determined by the contract

Alex Watts :

You have quite rightly told me about clause 2.5.1 in which you say you must give 2 months notice

Alex Watts :

If clause 2.5.1 states you must give 2 months notice then sadly you would be bound by this.

Alex Watts :

However UNTIL the rent is agreed by a Rent Tribunal then the rent you would pay would be your OLD rent for that 2 month period.

Alex Watts :

So in reality its good and bad news.

Alex Watts :

You can move but you need to give 2 months, but if you dispute the increase the Landlord has to take it to a Tribunal

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

no that is great thanks. Appreciate your help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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