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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71147
Experience:  Over 5 years in practice.
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I rented a property to a tenant. The tenant wanted a six month

Customer Question

I rented a property to a tenant. The tenant wanted a six month tenancy. I issued a AST for six months. The tenant now wants to renew. I have asked for a rent increase and have sent out the new AST to the tenant for signing.
The tenant has now come back to me saying that the first AST has a clause stating that 'the first increase will be the first rent due date more than 365 days after the commencement date'. The tenant is therefore not accepting the increase in rent.
Is this correct
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.
Could you tell me if the tenant is correct and I am not able to give another AST with the increased rent?
Expert:  Remus2004 replied 2 years ago.
Does the AST contain that clause?
Customer: replied 2 years ago.
Yes it did. It is a standard AST that I use for my tenancies which are normal for 12 months. This one was for only six months
Customer: replied 2 years ago.
But I did not remove the clause
Expert:  Remus2004 replied 2 years ago.
Well, that clause does appear to say that you cannot increase the rent until the first day of the second yearly contract.
There is no other way of interpreting it that I can see immediately.
I'm afraid he would seem to be right.
If you want to increase the rent then you can always give notice and let to another with the increased rent.
Sorry but that is your position.
Can I clarify anything for you?
Customer: replied 2 years ago.
I was told by the National Landlords Association, that the first tenancy is for a fixed term of six months. The second tenancy is for another fixed term of six months and supersedes the first, therefore it does not matter about this clause. So you disagree with their answer?
Expert:  Remus2004 replied 2 years ago.
I'm afraid I do.
It would appear to me that it could not be clearer. The rent cannot be raised until day 365.
The AST is the one in force.
You have issued another but he hasn't accepted it because of the rent increase.