Massive rent increase - Scotland

[JeffW]

I currently pay my landlord £450 a month to rent a room in his flat (and to have use of communal facilities), and I am out of my minimum term.

 

Until April, I was sharing with a flatmate, who was paying £425 a month. My landlord never sought to find a replacement for my former flatmate after he left. 

 

My landlord has recently decided that he wants to rent out the entire flat to one person or couple for £900 a month, rather than renting out the other room for £450 a month. I have told him that I cannot £900 a month rent (and, that withstanding, I am happy to just rent out the one room). As a result, he today issued me with a 3 month notice of his intention to increase my rent to £900.

 

His argument is that, technically, when I moved in I was renting the flat and merely splitting the costs with my flatmate (even though there was an understanding that I had no right of access to my former flatmate's bedroom, and vice versa). As the going rate for renting the whole flat is £900 a month, he feels that his actions are reasonable. 

 

I feel that my landlord's actions effectively amount to an eviction. I am aware that I can appeal his rent increase, but is my appeal likely to be successful?

 

In case it's relevant, I live in Scotland. 

 

Thanks

 

Jeff

[honeybee13]

Hi Jeff. I expect the property types will be along later but please bear with us as weekends are always quieter here.

 

Do you have a written agreement with the landlord?

 

HB

[JeffW]

Thanks Honeybee

 

Yes, I have a tenancy agreement.

 

Jeff

[45002]

23 hours ago, JeffW said:

I currently pay my landlord £450 a month to rent a room in his flat

 

Do you know what type of tenancy you have then ?

 

Use Shelter Scotland tenancy checker here https://tinyurl.com/bpk836k

 

And let us know the results, thank you .

 

 

....

Edited November 8, 2020 by 45002
url as ever !

[JeffW]

Hi

 

Yes, it's a private tenancy agreement.

 

Thanks

 

Jeff

[45002]

Can you just confirm, does the LL live in the same flat as you or not ?

 

Regards, Rent increases - your rent can only be increased once every 12 months (with 3 months notice) and if you think the proposed increase is unfair you can refer it to a rent officer.   https://tinyurl.com/y7zga7cl     .url takes you to shelter Scotland.

 

But

 

LL could serve you with a notice to quit https://tinyurl.com/yxl4bmp5        .url takes you to shelter Scotland,

 

Can you upload a copy of your tenancy agreement in pdf format with All personal and LL details blanked out .

 

 

 

 

 

 

Edited November 9, 2020 by 45002
flipping urls as ever....

[JeffW]

Hi 45002

 

Sure, please find attached.

 

Thanks

 

Jeff

 

Private Residential Tenancy Agreement.pdf

 

 

 

[stu007]

Hi Jeff

 

I have converted your Images into one PDF, we prefer these to be in PDF format especially if it is multiple images.

 

Did the former flat mate give the correct notice to the Landlord of his intention to leave?

 

Are both you and the former flat mate named on and both signed that Agreement or did you both have separate agreements?

 

 

[45002]

Hi Jeff

 

In addition to questions stu007 has asked you

 

Can you just confirm, does the LL live in the same flat as you or not ?

 

Thank you....

[JeffW]

1 minute ago, 45002 said:

Hi Jeff

 

In addition to questions stu007 has asked you

 

Can you just confirm, does the LL live in the same flat as you or not ?

 

Thank you....

 

No, he lives at a different address. 

[JeffW]

18 hours ago, stu007 said:

Hi Jeff

 

I have converted your Images into one PDF, we prefer these to be in PDF format especially if it is multiple images.

 

Did the former flat mate give the correct notice to the Landlord of his intention to leave?

 

Are both you and the former flat mate named on and both signed that Agreement or did you both have separate agreements?

 

 

 

Hi Stu

 

As far as I know, my former flatmate gave the correct notice, but I am not privy to that information. My former flatmate and I each had separate, independent agreements with the landlord. It was not the case that my ex-flatmate and I co-signed an agreement.

 

Jeff

 

PS I forgot to say - thanks for converting the images into a PDF. 

Edited November 11, 2020 by JeffW

[45002]

From looking at the TA.

 

I don't think LL could get away increasing the rent by the amount you stated with you signing a new TA, which you are under No obligation to sign.

 

You can appeal the rent increase,  But the LL could serve you with a notice to quit.

 

Sorry to sound blunt you could always look for some else to live.

 

See what advice stu007 gives you...................

 

 

....

Edited November 12, 2020 by 45002

[stu007]

Thanks for that information that you both had separate agreements. (we really need to see the full agreement and all the clauses it contains with any personal data redacted in PDF Format)

 

Has the Landlord given you at least 3 months notice of a rent increase? (have a very good read of this link especially No. 4: https://www.gov.scot/publications/about-rent-service-scotland/#:~:text=Under a PRT%2C a landlord,Scotland for a rent adjudication.)

 

https://www.gov.scot/policies/private-renting/dispute-resolution/

 

Please also bear in mind what 45002 has stated as the landlord could go down that route