rent in advance

[firstship]

Have lived in the same private rented property for 20 years, always paid rent on time.The property is still owned by the same landlord.recently they have changed agents,and on the instruction of the Landlord they are asking for 33% increase in rent = to an extra £220 per month.I have in my possession a letter from the previous agent who,s contract and arrangements the current agent has agreed they will honour, the letter states as I have spent a substantial amount of my own money improving the property and gardens and under the circumstances they would never ask for more than a 10% increase. The Landlord wants us to sign a new agreement which will make all previous contracts etc null and void,I have refused to sign it at the present time.

 

How do I stand legally ????? if any body can help

 

thank you FS

[AndyOrch]

Thread moved the relevant forum...please continue to post here to your thread.

 

Regards

 

Andy

[Steve__M]

What sort of tenancy contract do you have?

 

If you have an assured shorthold tenancy (AST) you may have few rights. Other sorts of tenancy may give you better rights.

 

ASTs are the norm now, but I'm not so sure about 20 years ago.

[firstship]

Hi yes it is AST, I signed a contract 20 years ago and have not signed one since,and paid the rent increases when asked which have been around 8%, and all the research I have done assures me that I appear to be stuffed,and my letter confirming that 10% would be the maximum increase is not worth the paper it's written on

 

Regards FS

[45002]

Have lived in the same private rented property for 20 years, always paid rent on time.The property is still owned by the same landlord.recently they have changed agents,and on the instruction of the Landlord they are asking for 33% increase in rent = to an extra £220 per month.I have in my possession a letter from the previous agent who,s contract and arrangements the current agent has agreed they will honour, the letter states as I have spent a substantial amount of my own money improving the property and gardens and under the circumstances they would never ask for more than a 10% increase. The Landlord wants us to sign a new agreement which will make all previous contracts etc null and void,I have refused to sign it at the present time.

 

How do I stand legally ????? if any body can help

 

thank you FS

 

 

 

Hi yes it is AST, I signed a contract 20 years ago and have not signed one since,and paid the rent increases when asked which have been around 8%, and all the research I have done assures me that I appear to be stuffed,and my letter confirming that 10% would be the maximum increase is not worth the paper it's written on

 

Regards FS

 

 

 

The date you 1st moved in is very important, can you find out the exact date you moved in ?

 

If you moved between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice (section 20) saying that you have an assured shorthold tenancy

 

You may have a Assured tenancy "AT", signing a AST will Not take your rights away if you do have a "AT"

 

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

 

You may be able to challenged a rent increase if you do have a "AT" via the rent assessment committee.

 

 

.

[mariner51]

If an AST, LL can serve s13 to increase rent. You will have 28 days to challenge increase with FTT, previously RAC.

Any work you did may not be considered, just Assessment of current local area market rent for similar property.

[firstship]

Sorry for delay.Moved in on June 1st 1997 the contract is AST 6 months ,always paid the rental increase when asked for, the increases where sensible amounts around the 10% mark,so a 30%+ increase was a shock. The Landlords agents have come back to me and state the letter from the agents stating my rent would not increase more than 10% can not be considered as part of the original contract, which I find strange?

Assuming I accept the increase(to allow me to find another place to live) do the landlords agents have to give me a full clear months notice in writing of the increase and further do I sign the new AST contract?

 

Thank you FS

[Steve__M]

It sounds like they have asked you to sign a new contract. You can refuse to sign the contract, in which case they would need to give you 2 rental months' notice to leave using a Section 21 notice.

 

Have they already issued a Section 21 notice? If so then the 2-month clock would have already started ticking.

 

Once the 2 months is up you would be expected to leave and if not the agents could start legal eviction proceedings.

 

When you say past rent rises have been around 10% I assume that does not mean 10% every year! Have you looked at other properties to see whether you could get a similar place for a similar price? You do have the option of negotiating, particularly if you think you are asking more than the market rate.

[firstship]

Steve_M,Yes they are wanting us to sign a new contract,to date not signed it. No Section21 involved.

We will agree to the increase to enable us to have time to find a new place.

The rent increase has never exceeded 10% and the increases have varied in time sometimes 2 years, sometimes 4 years as and when the Landlords agents have asked for a rent increase,we have paid it

My biggest concern is on behalf of the Landlord the agents put in writing that the rent increase would not exceed 10% due to being a good tenant and spending a large amount of my own money improving the property and gardens, but the current agents (same Landlord) say the letter does not form part of the contract and they will ignore it.Hence a new contract being offered .I appreciate whatever I do the landlord is in the driving seat and can give us notice at any time.

FS

[mariner51]

If you sign a new AST with min 6 month fixed term , LL cannot serve s21 before end of month 4 and you cannot vacate before end of fixed term.

Pay requested rent increase but DO NOT sign a new AST so you remain on SPT. IMO.

[Ell-enn]

Do you know the landlord personally? having been a good tenant for 20 years would it not be possible to speak to him/her direct and ask to consider your past record.

[firstship]

thanks for the reply's,I will hold out against signing a new contract as long as possible.

 

The landlord who I have only met once has passed the running of the estate to her son and his wife the latter looks after the housing stock,and in a short time has built a reputation for being extra tough,,I offered to pay 15% but she will not budge she wants 30%+ because she through her agents states she can get that type of rent,on the open market.

 

If I try to enforce the 10% letter I am convinced she will give us notice

 

FS

[mariner51]

Oh what a tangled web-

The 10% increase letter from previous Agent has no validity.

Unless orig LL signed property over to her son/his wife, the son/wife can only act as Agent for her.

Ask son/his wife to serve you with a s13 Notice notifying you proposed rent increase, then ask FTT of LVA to adjudicate new, binding rent for next 12 months.

Prepare for s21. DO NOT sign a new AST.

[firstship]

mariner51 many thanks for your helpful response,see how it goes over the next few weeks

 

thank you

FS

[firstship]

Update on this situation,I have agreed a new rental for the property,which is fine at present so I am presented with a new AST 6 months to sign.Under the heading RENT it states" rent means monthly rent £XXX or such other rent as shall be substituted therefor following review".Which in normal speak I think means after 6 months they can increase the rent and or they can increase the rent any time they wish.Or am I misunderstanding the wording???

 

FS

[firstship]

Protected Tenancy or Regulated Tenancy having problem understanding these.

Private Tenant since June 1997 same property same landlord

Last AST expired March 2018

Facing another huge rent increase

Have always paid rent increases

Asked the Landlord to apply small rent increase every 2 years or so

Landlord through Agent stating they can get at least £400 to £500 more than the rent I am paying

I argue Have been a good tenant for 23 years and always paid my rent on time and look after the property over and above the Norm,they are not interested

Am I a Protected or regulated Tenant????? and what are my rights ,if any????

 

Thanks in advance

FS

[honeybee13]

Thread moved to the lettings forum, people should be along later to advise you.

 

HB

[AndyOrch]

A protected tenancy is one which is regulated by the statutory code set up by the Rent Act 1977.

 

This applies to most tenancies which started before 15 January 1989 (when the new code set up by the Housing Act 1988 came into force).

 

The main effects of this are:

 

The tenant can register a ‘fair rent’ which is then the only rent the landlord is allowed to charge

The tenant can normally only be evicted if he is in arrears of rent (sometimes) or if the landlord is able to provide ‘suitable alternative accommodation’, and

If the tenant has a spouse or family member living with them at the time or their death, they will inherit either another protected tenancy (if they are a spouse) or an assured tenancy (which also has long term security of tenure!)

 

The effect of all this is that a Buyer is stuck with a tenant who you cannot evict and who is usually entitled to pay a rent which is considerably lower than the market rent you could have charged had the property been an AST.

 

You state yours started June 1997 ?

 

Does your tenancy agreement state protected ?

 

Andy

[sgtbush]

It wont be protected.

Op states they have been inthe property for 23 years.

Protected came into force for tenants for before 1989, some 30 years ago therefore cannot be protected

[firstship]

Thanks for the reply's No the last AST which expired March 2018 does not show the words Protected Rent,as sgtbush states I thought this applied to pre 1989 tenancies

Would Regulated Tenancy apply???? or be advantages ????

Thanks

FS

[AndyOrch]

Regulated / Protected are one and the same...as per my previous post....

 

A protected tenancy is one which is regulated by the statutory code set up by the Rent Act 1977.

 

This applies to most tenancies which started before 15 January 1989 (when the new code set up by the Housing Act 1988 came into force).

 

You state yours started June 1997

[firstship]

Many thanks for your responses,I am now clear on what these tenancy types mean

 

FS

[AndyOrch]

How much is a huge rent increase ? What does it state in your tenancy agreement with regards to rent reviews ?

 

https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

[45002]

Protected Tenancy or Regulated Tenancy having problem understanding these.

Private Tenant since June 1997 same property same landlord

Last AST expired March 2018

Facing another huge rent increase

Have always paid rent increases

Asked the Landlord to apply small rent increase every 2 years or so

Landlord through Agent stating they can get at least £400 to £500 more than the rent I am paying

I argue Have been a good tenant for 23 years and always paid my rent on time and look after the property over and above the Norm,they are not interested

Am I a Protected or regulated Tenant????? and what are my rights ,if any????

 

Thanks in advance

FS

 

 

Hello firstship

 

Sorry. but you don't have a regulated/protected tenancy as per section 1 of 1977 rent act https://england.shelter.org.uk/housing_advice/private_renting/regulated_tenancies

 

If you moved on or after 28 February 1997, you only have a Assured short hold tenancy "AST" https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

 

As for your rent increase, have a read of this https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

 

Good luck

[firstship]

45002 thanks for your trouble will read your links

thanks

FS