Landlord trying to raise rent for final month of tenancy - advice please

Tenant Discussion
1

We’re moving out and have given notice, it’s a rolling monthly contract. Unfortunately we move out mid month and landlord says we still have to pay up until the end of the month. Ok that’s the contract, fair enough. BUT, he has decided to increase the rent, issuing us with a s.13 for the l final month. It seems so unfair that he is demanding a couple of hundred more just for the final month that we’ll be here and already have to pay the full month as it is when we won’t even be here for half of that month.

Any ideas of what I can do?

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We gave 2 months notice btw

3

is it a reasonable increase because you were paying below market value?

4

The issue for me is that he’s doing it for our last two weeks. We’re already paying for the whole month when we won’t be here. Why increase it now when we’re leaving?

5

That does just seem like a bit of a crappy thing to do if it’s as described. But people can be a**holes.

6

Think that there is a maximum 10% increase only allowed in any 12 month period. Think your landlord is being rather unfair over this though, especially as you will be moving out early!!!

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7

Thats not the case Jane11. Rent increases are not limited. They can be challenged at the Tribunal, but unless theyre way above market rent, the tenant would not win.

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8

Was the s13 notice properly served with the correct notice period? If so then it sounds as though it was served before you gave notice. If your rent was below market then surely youve gained overall, not lost?

Your notice would likely have been invalid as it did not end on the last day of a tenancy period, but your landlord accepted it anyway.

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9

The issue for you is that you want to challenge a rent increase. A landlord is within their rights to issue a S13 whenever they want.

I’ve asked a simple question and you’ve not answered it despite coming here asking us to spend time helping you.

If the S13 is raising the rent above a reasonable market value then you’ve got a case. If not, then you haven’t.

What’s more, if you have been paying below market value for the entire tenancy except for one final month, then you’re quids in and really shouldn’t be complaining at all.

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10

No, he knew the date we were moving before he served the notice. We gave 2 months but only need to give 1

He gave us 1 months notice of the increase. We certainly have not gained overall. He is just being greedy and unfair.

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11

Well, we’re moving somewhere bigger and cheaper

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And I think I have every right to complain actually.

The houses in this area are paying what we are already paying. As I said. He’s just being greedy

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Jeez, I think I’m allowed to gripe. What kind of person puts the rent up by £200 when they know the tenant is leaving and just for the final month?

No. I’m not being greedy - bigger and cheaper as in to show if it’s above market rent, to answer your question.

I’ve obviously got your back up. Don’t reply if I’m wasting your time perhaps?

15

Hi @The_South_Downs -

A few surprising responses from users on this thread, and apologies for any negative attitude towards your query. As the community hosts we need to do better to ensure all responses are thoughtful and add to the conversation, rather than being accusatory.

I suggest you speak to someone independent who can give you advice. Here is citizens advice on section 13:

And here is guidance from gov.uk:

Your situation is unusual enough that I don’t think they have guidance on it specifically. My understanding is that if you ignore a Section 13 rent increase, the next course of action from the landlord would be eviction. But given your tenancy is ending anyway, that doesn’t make much sense and seems to be a gap in the standard guidance you’ll find online and in the Section 13 form itself.

Possibly worth speaking to Citizens Advice: Contact us - Citizens Advice

Sorry to hear you’ve found yourself in this situation - and hopefully you can reach a logical and amicable solution quickly.

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16

Thanks so much, I appreciate your response. It was only one person. Perhaps he’s my landlord!

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17

You could appeal the S13 notified increase, and request a tribunal. There is plenty of information on line about how to do that. This is a free appeal, but it might not be worth the effort to do so. It does sound like an underhand thing to do by the Landlord, sadly.

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18

I’m not your LL. What he’s done isn’t what I would ever do to a tenant. All I’d recommend is that if you ask for help on a forum and someone asks a straightforward question, it’s helpful to answer that question to move the discussion forward.

19

Just to be clear, if you ignore a s13 notice, rent arrears will accrue and you will be in debt. The landlord can deduct them from your deposit or sue you for recovery. They can also inform your next landlord if theyve supplied a reference.

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20

Yep, but it does seem like somewhat of an oversight in the legislation. I imagine if every landlord started issuing a section 13 when the tenants served over 1 month’s notice it would be addressed fairly quickly, as it seems like more of a loophole than the intention.

It’s unclear whether @The_South_Downs would have been issued a rent increase if they hadn’t served notice to leave, as if not, they have been penalised for giving the landlord more notice than required.

I have to say I’m surprised this hasn’t been discussed / ruled upon before!

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21

A tenants notice to quit is usually only a month~ the same notice period as the s13 notice, so a retaliatory rent increase will almost never arise. I think that this landlords reaction to the tenant giving notice is also very unusual, not to say odd and unlikely to occur very often.

~(ending on the last day of a tenancy period)

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