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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am renting a property in Wales UK and my landlord has

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I am renting a property in Wales UK and my landlord has decided to increase my rent from £600/month to £750/month (notified in a whatsapp message). I feel this is too much in one go, Our assured tenancy agreement has a rent review clause that states they may increase the rent by 2-5% per annum. We have been tenants since May 1st 2017 and had no previous increase. The property has been upgraded recently (insulation; new bathroom; new kitchen) I have carried out some of the work for which the landlord has agreed to pay me, but hasn't paid yet. Can we challenge this? can they do this?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

May I confirm if you're tenancy agreement is still within the original fixed term of the tenancy please?

Customer: replied 10 days ago.
Hi no. We had a 1 year term starting in may 2017 then a rolling tenancy. The landlady has already given us notice by text that the rent will increase on 1st January to £650 from £600. Today she has given notice by text that it will now be £750 a month from 1st January.
Customer: replied 10 days ago.
Something else to note. We were never given or shown an electrical certificate, we have never in almost 5 years had a gas certificate and our EPC was a G but was upgraded this year to a F.

thank you. Based upon what you say, the rent increase notice is invalid and can be effectively ignored by you. The way in which a landlord would need to increase the rent in circumstances such as this would be to serve a statutory form 4 on you. this form looks like this:

https://www.gov.uk/guidance/assured-tenancy-forms#form-4

This gives you a period of one month to object to any proposed rent increase and if you fail to do so, that rent proposed by the landlord becomes binding upon you. If you object, you can refer the proposed rent increase up to the property tribunal which has the power to set the rent for the next 12 months based on what it considers fair on evidence of the market.

Customer: replied 10 days ago.
What is it exactly that makes it invalid. Also does all this apply in Wales. Thank you

It is invalid because as a matter of simple contract, terms must be agreed between the parties and cannot be unilaterally imposed. Accordingly, if you do not agree to the proposed rent increase, it does not constitute a contractual obligation. Rather, it is simply an unlawful demand. The only reason rent can be increased using the above form is because there is special statutory provision made for this as a means for landlords to propose a rent increase where agreement cannot be reached.

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Thank you again for visiting JustAnswer and see you again in the future I hope.

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