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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5426
Experience:  Owner at James Bruce Solicitors
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You have not answered my question yet, i have, london UK, i

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you have not answered my question yet
JA: Sorry. Please ask it again.
Customer: i have
JA: Where are you? It matters because laws vary by location.
Customer: london UK
JA: What steps have you taken so far?
Customer: i have asked a question to your portal and it has taken you more than 8 hours to respond whereas you would respond im 5 minutes as promised i will request a refund it if you do not respond ASAP
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I request you respond ASAP

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

is your original question regarding the increase in rent ?

Customer: replied 10 days ago.
Hello yes it is and my tenancy is an assured short hold tenancy agreement expiring on the 15th of September ( 1 year) however the increase in the rent was suggested last week and is significant because the letting agent is claiming that there is a strong market
Customer: replied 10 days ago.
We were in discussions regarding decreasing the rent two months ago due to the fact that the lift was broken and was not repaired for almost a year however the landlord declined the decrease and we accepted to continue in the same terms for the renewal, however 2 weeks before the tenancy tha letting agent requested a 400 GBP increase in the rent monthly
Customer: replied 10 days ago.
I am hereby attaching the agreement

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

There is a very strong market at the moment, and many properties are certainly increasing in rent charged.

The landlord should and has informed you of the increase to take affect. Your option is to either accept or reject the new rent. If you do the latter, then you would need to leave the property.

However, you could reject the new rent and see if the landlord will back down or accept a smaller increase.

I would advice not signing any new tenancy agreement until you are satisfied with a new rent cost.

You could continue on a rolling tenancy as a periodic tenancy tenant, month by month. The landlord may not agree. If he does not, then he will need t9 serve a correct s.8 or s.21 notice on you to leave. This will give you a few more months grace to fine a new property. If you fail to leave by the end of the notice period, he cannot evict you, but would need to go to court to seek a possession order, that will give you be pem more time to find somewhere. During this period keepmpaying your old rent and don’t sign an agreement for the new amount.

Can I assist or clarify anything further?

Customer: replied 10 days ago.
please, one second

Of course.

Customer: replied 10 days ago.
to be more precise, we were discussing for a rent decrease and the landlord didn't accept. Then offerred to stay at the same rate and landlord didn't agree either.
Customer: replied 10 days ago.
just one week ago they mentioned they want the rent to increase to 550pw from 495 currently. we initially said no but after checking the market that was indeed strong we offered 530.

Any increase is up to the landlord, and you to agree.

Customer: replied 10 days ago.
they replied that they are expecting a significant larger amount of increase and we asked what is that exact amount without getting any response.
Customer: replied 10 days ago.
finally, they had some iewings and mentioned they got offers as much as 650 pw and if we want to stay we have to pay at least 630pw as landlord still prefers us to stay (we have been renting this flat for 4 years already)
Customer: replied 10 days ago.
as our tenancy ends on September 15th(just 1 week) we don't really have an option and are in panic

Sorry but nothing else I ca advice apart from what I have said.

The land lord can increase to market value, you don’t have to accept, and make him serve notice then go for possession order all of that will take a number of months.

Customer: replied 10 days ago.
ok i can understand this but you say that we have the right to remain at the property even if our contract ends in one week?

When a contract ends it will automatically  become a periodic tenancy unless a new agreement has been signed or until notice is formally give to leave.

The notice period will be two months, then if you still remain he will need to go to court for a possession order and then if you still remain go back to court for an eviction order. All of that could put another several months on the tenancy

Customer: replied 10 days ago.
this is very helpful, can we write in an email that we accept the increase he initially asked for or it is better not to accept any increase in order to use the periodic tenancy option? Admittedly, we understand the market is strong but the amount he finally asked is crazy.

You could offer the higher agreed amount and not sign anything, that way it is still a periodic tenancy.

Customer: replied 10 days ago.
ok great, thanks much for your advice.

Your welcome

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

james bruce and other Law Specialists are ready to help you
Customer: replied 10 days ago.
thank you. last question, do they have grounds to claim our deposit if we go through that route?
Customer: replied 10 days ago.
not sign the new agreement?
Customer: replied 10 days ago.
or do they need to return our deposit?

The deposit would still be returned.

Customer: replied 10 days ago.
thank you

Your welcome.

Customer: replied 10 days ago.
is it going to impact us on any credit score or if we want to buy a property in the near future?

Only if he makes a claim for back rent at court and a CCJ is issued and not paid within 28 days.

Customer: replied 10 days ago.
what is a CCJ?

County court judgement

Customer: replied 10 days ago.
we have not missed any payment so far and we will not miss one can he still make the claim for back rent ?

He could try but you would counter by saying the increase was never agreed