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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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I have an assured shorthold tenancy with a private landlord

Resolved Question:

I have an assured shorthold tenancy with a private landlord with an agreed monthly rent and a 4 year tenancy that expires in September this year. My landlord is asking for an increase in rent under "part 1 of the housing act 1988 as amended under part 3 of the housing act 1996". There is no mention of rent increase liability at all and just mentions that the agreement is in line with section 19a of the housing act 1988? Is this allowed? Am I liable for an increase in rent if I don't agree and what can happen if i don't?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

When is he demanding the rent increase from?

LondonlawyerJ :

If there is isn’t a provision in a fixed-term agreement for the landlord to increase the
rent, the rent will remain the same unless you agree to a rent increase.
After the end of the fixed period, or wherethere has never been a fixed period, if there is
no provision in the agreement for a rent increase unless you agree to an increase, the
landlord must follow the procedure set out in section 13 of the Housing Act 1988.
Under the procedure, the landlord must give you at least one month’s notice in the correct
form. The notice must advise you of your right to refer the proposed increase to the
First-tier Tribunal (Property Chamber) – formerly it was to the Rent Assessment
Committee (RAC) – which can assess whether the new rent will be above a reasonable
market rent of similar properties in your area.
If the new proposed rent is too high, it can be lowered, but please note that if it is lower
than the market rent it could be increased.
Under this procedure, the rent can only be increased once a year. It can be used when the fixed term ends.

Customer: He has tried to raise the rent previously over the last year or 2 but when questioned has not responded? More recently was the 1st December 2014 where he wanted me to sign a notification of rent increase which i have not done as of yet? He never answers my questions though.
LondonlawyerJ :

Basically he has no right to increase your rent during the term of the agreement.

Customer: That's great thank you, ***** ***** can happen if I refuse?
LondonlawyerJ :

If you refuse then he has the right to take back the property at the end of the tenancy ( he has this right whether you agree or not). There is nothing he can do during the tenancy.

Customer: Many Thanks.
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