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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I have a short term tenancy agreement with my private landlord.

Resolved Question:

I have a short term tenancy agreement with my private landlord. I have never signed an AT5 and I do not have a rent increase clause in my agreement. I have lived in the property for 14 years and he has never raised my rent in that time. I have disagreed with him on his treatment of a neighbour and he is now trying to raise my rent by 25%. I am not in a position to pay massive legal fees but need to know where I stand, he says he can evict me with 7 days notice if I do not pay this increase. I have said that I have no problem paying a yearly increase from now on but feel that 25% is a lot and would like to have the increases added to my lease. He has now reduced the increase to just over 19% and has said he will try and keep it at that for 5 years but refuses to put this in writing or add it to my lease.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I presume you will have a short assured tenancy lease. If it's been going for 14 years without you signing a new lease at the end of each term then it has been continuing by what is called tacit relocation. That means that the lease keeps repeating itself on the same terms and conditions each 6 month or year or whatever initial period you signed up to. To a maximum period of a year at a time. An AT5 would have been issued to you at the outset. You don't have to sign for it.
If I am right in all of that, then your landlord can't put up your rent without a contractual right to do so. If there is no contractual right the landlord would have to terminate the lease by giving two months notice prior to the next termination date, called the "ish", and then ask you to negotiate a new tenancy with a higher rent.
He can't just unilaterally put up the rent. Either the lease must allow for rent increases of he has to terminate at the end of a term and hope that you enter into a new lease.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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