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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 non housing act tenancy agreement with the term stipulated

Resolved Question:

We have a non housing act tenancy agreement with the term stipulated as 3 years and the rent agreed as £1700pcm for the term. There is no clause or mention of a possible rent increase during this period. Both parties have a two month break clause. Is the landlord able to increase the rent without our agreement? We are 13 months into the contract.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Unless the agreement states otherwise there can be NO rent increase

Alex Watts :

So if the agreement is silent, then no the rent can not be increased

Alex Watts :

This is because the contract governs the terms and conditions between the parties

Alex Watts :

Therefore if a term is not included in the contract, ie rent increase, then the Landlord can not increase it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex, thanks.When you say a term is not included in the contract, do you mean some kind of clause? The term in the agreement relates to the length of the agreement which is specified as 3 years.

Alex Watts :

Yes the clause.

Alex Watts :

If there is no rent increase clause, it can not be increased

Alex Watts :

Does that help?

Customer:

Yes it does, thank you very much. It's as we thought. Just one more question. The landlord lives above us in the house (we live in the basement flat). That doesn't give him any more rights does it, bearing in mind the agreement?

Alex Watts :

No it does not

Alex Watts :

The contract is the contract

Alex Watts :

All terms must have been included there

Alex Watts :

Is that ok?

Customer:

Thank you. Yes that is fine. Very helpful.

Alex Watts :

Can I help with anything else today?

Customer:

No, that's all. Thank you Alex. I'll be sure to rate you!

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