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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My landlord as requested that my rent must be increased from

Customer Question

My landlord as requested that my rent must be increased from £ 975 per month to £1200 an increase of approx 23 %,- due to inflation and re-decoration.
I have been a tenant for 6 years ;never missed a payment. the landlord over the pass 6 years has not kept the apartment in good condition.
Is he within his rights to act in this way.
Please advise.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if your fixed term of your tenancy has expired and you are occupying the property on a peridic month to month basis at this point please?
Customer: replied 2 years ago.

Month to month basis

Expert:  Joshua replied 2 years ago.
Thank you. Your landlord cannot increase the rents during any period constituting your minimum term in your tenancy agreement unless there is either a provision allowing increases of rent within your tenancy agreement or you consent to the increase. After your minimum term has expired as is the case here however, the landlord is free to either give you notice of the proposed rent increase - he is required to give you at least one months notice - or he can seek to negotiate a new tenancy with you with a new minimum term and if he wishes, at a new rent In either case, you do not have to agree a new rent and can insist on the existing rent being maintained. If the landlord has given you a notice of rent increase, you have a right to appeal the notice to a rents tribunal who have the power to set the rent level for the next 12 months. However, you will need to consider that the landlord, following the expiry of your fixed term, has a right to give you two months notice to leave the property at any time. Accordingly, although you have a right of appeal, the practical value of that right is limited in that the landlord can decide to give you notice to leave the property and try to find another tenant who will pay his higher rent. Equally, from the landlord's perspective, you can simply refuse to agree a rent increase and the landlord has a choice of either risking you leaving and therefore having a potential rent void until he can find a new tenant or putting up with the lower rent. There is no obligation for the landlord to grant a new minimum tenancy to you but just as above, you can say to the landlord that you are not prepared to pay his higher rent, he faces the same decision. Therefore, in practice it is largely up to each of you to reach an agreement on what each of you are content with and the particular position of each of you and the landlord. If the landlord thinks he can re let his property quickly he may be unconcerned about any threats by you to leave. If he values tenancy and would prefer to keep you on as a tenant or does not want to risk a rent void, then a threat by you to leave may make him more amenable to negotiation to rach a rent level you both consider acceptable. You can conduct some research on rent values locally relatively easily using rightmove and zoopla to arm your self with local rent knowledge which can be useful in any negotiation. If the landlord does decide to ask you to leave he must serve you with a specifc notice called a s21(4)a notice. Any other notice is invalida and can be ignored. He must give you two clear months notice and the notice can only expire the day before rent is due or again it can be ignored. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 2 years ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you. Many thanks.