Is it possible to amend an existing open rent tenancy agreement. We are 2 months in and have agreed to a rent increase. The landlord says the tenancy can’t be changed to reflect this and that a new one must be signed for a fresh 6 months. Is this true?
You can just pay the requested amount
You don’t need to write a new agreement
It can be agreed informally or in writing. Once you pay the higher amount it becomes contractual.
You do know that the Landlord cannot increase rent within 6months unless agreed with the tenant. An increase after 2m seems very quick.
Thanks for the reply. Can that ‘in writing’ be achieved on Openrents platform’? I’m actually asking on behalf of my son who seems to have come across somewhat of a nightmare landlord. My son has agreed the increase to keep the peace, but the landlord says the existing contract cannot be amended on open rent and has to be re-written, but for a new 6 month term. They really want out so don’t want to be tied in for longer.
I would recommend that he does not sign the new 6 monthly agreement. He can explain that he is happy with the price increase & can write a Letter or email to that effect.
He can explain that legally a new AST is not required to increase the rent.
It is possible the landlord may give notice to evict at the end of the 6m term.
If he wants out anyway, he could still refuse the price increase, and make plans to leave the property at the end of the 6m term.
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If there is a clause on contract stipulating an increase in the AST they can increase rent
Thank you for that. They have agreed via email to pay the increased rent but unfortunately the landlord is taking this is an opportunity to tie them in for a further six month fixed term He is threatening legal action if they don’t sign a new tenancy, either one issued by Open rent or his solicitor. It’s all getting horribly messy
Threatening legal action!
I very much doubt he has any grounds to do so. Personally, from what you say I wouldn’t want to sign anything with this Landlord.
What legal action is he threatening?
@David122 One of the tenants at the property in question here. Legal threats have been numerous. Most recent is, if we do not agree to new TA (for which a 48-hour ultimatum was set), then we are liable for all landlords’ solicitors fees, his personal assistant, etc. Landlord commands it and offers to waive his accumulated legal fees only if we sign (extortion). Also does not acknowledge that existing agreement is in place.
Other threats include a debt collector if same-day payment of OR admin fees are not made, threats of involvement of his solicitor, attempts to access the property with no time or reason given, etc. This is all in the last 2 weeks. It’s been a nightmare tenancy and we’re not even two months in.
Do you have all these threats in writing or Email?
@Colin3 All via email. Landlord’s preference is phone / face to face, but we as tenants found him to be far too manipulative and intimidating to deal with unless via email. Also removes any ‘hearsay’ aspect.
You guys need legal help as a group
I’m still not clear what legal action he can take against you for not signing a new tenancy agreement. The tenants are not obliged to do this and they will automatically be on a periodic tenancy on the same terms when their fixed/initial term expires.
There may be more background to this story which you are reluctant to share on an open platform, and fair enough, but I would urge you and your Son to get some legal help from the likes of Shelter and the CAB. This landlord is clearly guilty of harassment and needs to be stopped.
You should call Shelter for advice
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