My tenancy automatically renewed on a rolling year to year periodic tenancy on 1 April 2023.
The LL has instructed an agent to manage the property and I received a letter today proposing to increase the rent from 550 per month to 825.
My understanding is that for a year to year tenancy agreement such as mine, the minimum notice notice that must be given before the proposed new rent can take effect is six months.
Can anyone help?
Where you pay monthly the minimum notice period is 1 month. The longer notice only applies for more infrequent rent payments but this is rare.
A periodic tenancy is normally month to month and would match your rent payment frequency. If your ast has an automatic renewal feature this probably isnt a periodic tenancy and would be classed as a new fixed term. If this has already renewed the ll/agent is too late to increase rent and cant increase until end of the tenancy period unless there is something in contract allowing it but wouldn’t be on that scale of increase.
In the heading ‘Term’ it states ‘The term of the agreement is a periodic tenancy commencing 12 noon on April 1 2010 and continuing on a year to year basis until the landlord or the tenant terminates the tenancy’.
The letter from the agent included a Section 13 notice.
All the advice I can see online with Shelter and Citizens advice says that for a year to year tenancy, the minimum notice is six months.
Confused and with gratitude for any help.
The agreement also states that ‘The landlord can increase the rent for the property upon providing notice as required by the act’
Its possible that with that wording of the term, a court would regard this as a tenancy with a 12 month period, but if you pay your rent monthly, thats not guaranteed.
Its a big increase and your best option would be to try to negotiate a phased increase over a few months perhaps mentioning the 12 month period. However, it does cut both ways and if you invoke that clause, you would be required to give 6 months notice to quit if you want to leave.
David
I started to receive calls three weeks ago from an estate agent who said he’d been appointed to manage the property.
He phoned three times whilst I was super busy at work and said the LL wanted to put right all the problems of the past. This is 13 years of no gas safety certs etc. I asked the estate agent to put this in writing as I was was at work.
I also agreed he could inspect the property and explained the company I work for was at year end and I was working away but sure we could agree on a date once he’d written making explicit what the LL wished to do.
So, yesterday I received a letter headed ‘Refusal to allow access for inspection’ along with a S13 rent increase.
I knew the agent was misleading me as he would state incorrect facts about my existing tenancy, ‘you’re on a month to month’ when Infact it’s a year to year.
The intention is to eventually evict or create the precondition for me to surrender possession of the property. This is part of the process to expedite that and is surely in breach of the ombudsman code of conduct?
As I said, it would be risky to rely on the assumption that this is definitely a tenancy with a yearly period imo.
I accept we’re going to leave; this is bad for our health to have been in this situation for so long.
However, if there’s some chance I can delay the rent rise, I have to go for it. I’m searching for somewhere suitable as I write!
It’s not going to be easy evicting you with no certifications. Have they done a right ti rent check & done all the other things they are supposed to do? Sounds like not. Contact shelter or go on their website. A legal person needs to look at your contract as it’s really not clear.
It’s a lot of hassle. I would be very polite and explain as you have that you aRe very busy. They can’t bully you meeting with them.it needs ti be convenient for you. LL has had years to do things right.
Have you complained formally about anything?
My experience is it’s not worth your health which is precious!
Maybe you should contact LL directly? ESTATE AGENTS ARE AWFUL.
Thank you, Amy.
The immediate problem I have is intererpreting whether my year to year tenancy means they have to give me six months notice of a rent increase.
All the other stuff is in hand & I’ve sought legal advice.
Look at the high court case of Berrisford v Mexfield. If the contract is month to month (In your case year to year) but does not state the term, then the courts will deem this to be in perpetuity, ie 90years. You therefore appear to have a 90 year lease from the date of inception. This could mean you accidentally have a very secure tenancy rather than an AST and cannot be evicted with a section 21. If this is the case, you can only be evicted under a non redeemable breach of the terms of the contract.
Hi Phillip
That’s fascinating. I looked up the particular case with interest.
What I’ve found at the moment is that the agent assigned to manage my tenancy is purposely misleading me to make it easier to evict me.
I don’t appreciate him making misleading statements regarding our incredibly brief conversations and also trying to coerce me into settling the dispute by making false statements about my tenancy.
I’ve checked the guidance on section 13 notices and I have to be given a minimum six months notice of a rent increase.
I’ve found that a lot of the organisations that advocate for tenants aren’t actually clear on the law and they actually offer the wrong guidance. I’ve found that the local council are relatively toothless and breaches of the law are seldom prosecuted.
Equally, I’ll report back when I’ve made a complaint the the Property Ombudsman regarding the conduct of the agent.
For now, I have composed a letter to the agent outlining his devious attempts to mislead me, his false accounts of our conversations regarding access and his deliberate misrepresentation of my legal rights. The proposed rent increase is due to start on June 1st (which is of course the wrong date to start as I should be given six months notice).
It’s all nonsense just to make me leave soon.
When is the best time to oppose the section 13?
I accept that at some point I’ll have to go but I’m seeking to give myself a window so I can make sure we’re close to the kids school etc.
But the point is, if I’m correct, you don’t have to go for 90 years. The rent increases may also be controlled.
never heard of this 90 years
It’s in the judgement of the case I quoted above. Relevant when a tenancy runs year to year without specifying an end date.
Amy above gives great advice
1 don’t engage with the agent until shelter and council have looked over your case. Anyone who doesn’t do gas certs is in big trouble. They want you out but actually you are in a strong position
Just say you need time to process the new correspondence and will revert in due course.
There are so many things a LL needs to do.
Also I think there are rent tribunals and that might be worth considering. The hike in rent is eye watering
Thank you for these replies - it’s all very helpful and I appreciate each comment.
Hi Petefonda.
First of all an important question - when was your last rent increase ? If it was a long time ago this may be a “catch up” increase to catch up with inflation and increase in market value. If so it could be perfectly reasonable
If the last increase was recently then it might be much less justifiable.
You can appeal the rent increase - but you will always be in a stronger position to do this if the rent increase is clearly unfair.
Appealing on “technicalities” while possible, is always risky!
I can’t really say anything really constructive without reading your tenancy agreement in detail. And nor can most commentors here…
Hi Mark
Thank you for your message.
I’m not averse to a rent increase at all but in this instance, it’s being used as a bullying tactic by an estate agent who has been appointed by the landlord and their end game is to make us leave the property so they can sell it.
I totally understand that to be the case; for the past few weeks, the agent has called me at work and has been frankly abusive. He wants me to sign a new tenancy agreement and bring the property up to regulatory standard. There’s been no GSC or even one penny spent on the property in 13 years. I’ve had to pay for repairs (£2000) to the roof, gutters, pipe work etc.
I’m trying to find somewhere else which meets all my requirements such as access to the schools my children attend.
I understand I’ve got to go; I can’t stay in this house and continue to be abused - it’s made me very poorly over the years.
What I originally posted about was simply the legal situation; I’m on a periodic tenancy which runs April to April. Therefore, the requirement of the LL is to give six months notice of a rent increase. They haven’t done that; the guidance for landlords and tenants on a section 13 notice is very clear that I should be given six months notice and hence, their notice is invalid.
Either I’m reading the guidance incorrectly or the guidance on the standard section 13 is incorrect. It states if the periodic tenancy is year to year, the notice should be six months regardless of how the rent is paid.
That’s all I’m seeking confirmation on.
@Petefonda I think you need to see both sides of this. You have a bad landlord, but do you really think that means they forfeit the right to sell their property and stop being a landlord? The property is sub-standard, but youve accepted that in exchange for a cheaper rent. The lettings market doesnt owe you a cheap rent. It does, however, have to give you a property thats up to spec, so you will have to pay more to live in the area, probably somewhere else.