Fixed term tenancy ending- can I increase the rent on new contract?

Landlord Discussion Legal
1

Hi all here.
My tenant’s contract ends mid August. He wants a new one and insists on not going on rolling contract.
I need to increase the rent (not done in 2 years).
The current contract does not contain a clause regarding rent increases.
It’s just under a month until current agreement ends. How can I approach this in the correct manner?
Thanks for any advice you can give.
Ralph

2

If a completely new contract is going to be put in place, surely the old/previous contract should have no bearing on the new one? Therefore, you should be free to draw up a new tenancy agreement with the new rental figure in it.
But perhaps I’ve misunderstood your question. Have you discussed the rent increase with the tenant, and are they agreeable?

3

Thanks for reply.
No I was just about to send them an email regarding increase in next 2 months and rather slackly I hadn’t noticed that the tenancy was so close to it’s end. I guess as you’ve mentioned I can draw up new tenancy with an increase in rent. I’ve looked on GOV website and it pretty much states this:
" For a fixed-term tenancy (running for a set period) your landlord can only increase the rent if you agree. If you do not agree, the rent can only be increased when the fixed term ends."

BTW could I insist that the tenancy goes into rolling contract and not draw up a new tenancy agreement? (He’s very keen not to go into periodic for some reason)
Then I can give him the 2 months notice after the agreement has finished I guess?

4

personally I think your tenant knows his circumstances well and is honest about it which is a very good sign. Agree with what ever increase u propose for a fixed term AST, I find that periodic tenancies are only to benefit more of tenant rights, but opinions differ.

5

Yes you can insist on the tenancy going periodic and I would if I were you. You can then either agree the rent increase informally or serve a s13 notice.

I wonder why the tenant wants a new agreement. You havent made a mistake with the deposit have you? Anyway, I always insist on the tenancy going periodic after 6 months.

6

Thanks for the great info guys. Either way seems to work out well. Going to sit on it for a bit before I decide me thinks.
Cheers