LL’s agent proposing rent increase on rolling year to year periodic tenancy

Tenant Discussion
21

Hi David

Yes, I 100% understand all of that - completely.

However, they have issued a section 13 via the estate agent they’ve recently appointed.

The guidance on the S13 states clearly that for a Periodic, year to year tenancy, we have to be issued with six months notice.

That is all I’m enquiring about in this instance.

I’d be an idiot to NOT minimise my costs right now.

I know we have to leave and secure somewhere else. By avoiding paying a 50% increase for six months I’m giving myself the best chance of finding suitable accommodation elsewhere. I’m not feeling in any way philanthropic and helping a landlord who’s treated us appallingly is not on my agenda.

22

As I said to you earlier, its not clear cut in your case.

23

Hi David

The legal guidance I’ve been given is that the notice period required for a periodic tenancy which is year to year is six months.

This is included in guidance from Shelter on their website.

It’s also included in the guidance for Landlords and Tenants on the Section 13 notice itself.

I always appreciate your help and I’ve asked you many questions; you’ve always been kind and considerate. Is there something I’m missing that may lead me to make a mistake with this?

24

Equally, I haven’t accepted a below market rent in return for a substandard property. When I took on the tenancy, the rent was acceptable.

The Landlord chose not to complete gas safety checks for 11 years. Whether that was through him not knowing his legal obligations, I do not know. His failure to carry out checks and not reimburse me for repairs to the roof, guttering, water etc in no way influences my decision to contest the section 13.

I am simply asking him to comply with the guidance on the section 13 itself. I do not intend to be here in six months. I am currently saving for a deposit to purchase a property. Giving him the 50% increase for six months will save me £1650. He’s already had nearly £100000 during the time of my tenancy & the property has doubled in value.

25

I am surprised you paid for repairs yourself

26

Hi Colin

I had no choice; when a water mains pipe burst between floors, it was flooding the lounge and the ceiling was bowing! I have expensive equipment here (vintage instruments) and I had to save them. To access the pipe, the plumber had to cut out 1 metre sq of the ceiling and I had it all fixed. The LL only comment was ‘oh, we have flooding at ours’. It beggars belief. The flooding in the cellar was investigated by the water company and all their visits are documented. I replaced all the provided white goods that broke as a result of the flooding. The message there was ‘we can’t afford to replace the dryer and washer’. The LL had just commissioned an extension / renovation on their own property with an estimate cost of 250000. That’s why they want to sell this place as they’re looking at making 100000 plus profit because of increases in property value.

I just want to get out now; I’ve had enough. There no insulation in the roof so heating this place costs me 3000 per year. Neighbours in adjoining properties pay less than half that.

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27

I agree that on the face of it, your tenancy looks like a 12 month period, but the landlord may argue that the fact that you pay your rent monthly over-rides this. It would be up to a judge to decide.

28

David, thank you. The legal guidance I have is that the payments (whether weekly or monthly) had no consequence on the notice period for a section 13 if the tenancy is year to year.

29

Under English housing law, a Section 13 Notice is a legal notice served by a landlord to increase the rent of a periodic tenancy. When determining the notice period and the amount of the rent increase, two key factors need to be considered: the term of the tenancy and the frequency of the rent payment.

In the case of a year-to-year periodic tenancy, the landlord must give the tenant at least six months’ notice of the proposed rent increase. This notice period is set out in Section 13(2) of the Housing Act 1988. This notice period applies regardless of whether the rent is paid monthly or annually.

In the case of a monthly periodic tenancy, the landlord must give the tenant at least one month’s notice of the proposed rent increase. This notice period is set out in Section 13(2A) of the Housing Act 1988. This notice period applies regardless of whether the rent is paid monthly or annually.

It is important to note that the notice period for a rent increase cannot be reduced by agreement between the landlord and the tenant. However, the landlord can give the tenant more notice than the minimum required by law.

In summary, the notice period required for a rent increase under a Section 13 Notice in English housing law depends on the term of the periodic tenancy and is either six months or one month. The frequency of rent payment does not affect the notice period.

30

Yes, but if a judge decided that you dont have a year to year tenancy because they accept the landlords argument that the period of the tenancy should follow the rent payment frequency, then all notice petiods for landlord notices would follow accordingly. I think you should give a call to a specialist housing solicitor, who should give you an initial opinion free of charge.

31

Reading this reminded me of a tenant from years back when I did the maintenance for the landlord, he argued his was a yearly rolling but unfortunately he paid monthly and judge agreed with landlord and his quote was a Ll can only raise the rent once a year via sect 13 end of ! Side note he said it didn’t really Matter if he paid monthly, yearly or daliy rent is rent and the law was quite clear

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32

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33

Hi Jason

See highlighted parts of the guidance.

My tenancy was for the initial year and then became a periodic tenancy which runs year to year.

So, my assumption, by going direct to the legislation, suggests the LL is required to give six months notice.

34

Plus, I’m not arguing that I’m on a periodic year to year tenancy, it’s written explicitly in my tenancy agreement.

35

there is one way to resolve different opinions. Try it the way you want and see what the result is

36

Thanks Colin. We’ve made a lovely home here under extreme pressure since 2016 when things started going awry with the LL. (it’s family, believe it or not!)

We’ll be on our way as soon as we possibly can be - working like mad to save a deposit to buy a house which we should have done years ago!

There’s a lot more to this story that I can’t disclose.

Thank you for all your help. I feel I should recuse myself from any more debate because the counsel of some contributors has been so helpful and I’ve been monopolising a lot of it. I know most LL do the right thing and are great! Thanks for always taking the time to help me!

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37

But do you pay rent monthly? If so it’s not what you say .
The moment you pay rent your situation changes , I understand it if you paid yearly ? And what about a sect 21 notice? Would that be different!
Only a judge will rule on it

38

I imagine tenants and landlords go to court and ask judges to resolve cases like this all the time. This is inherently ridiculous. Why block up the courts with cases which shouldn’t even be there? Something as fundamental as housing law should be as clear as a bell - with all the organisations out there to help tenants and landlords such as Shelter, CAB etc, why don’t they campaign for refinement of housing law which would protect both tenants and landlords and avoid such conjecture? I suppose they’d go out of business. In that respect, do they need reform?

In respect of your assertion, when I go to court, I’ll be very disappointed if the Judge does use his discretion rather than applying the law which is as follows (please correct me if I am wrong) -

Under English housing law, a Section 13 Notice is a legal notice served by a landlord to increase the rent of a periodic tenancy. When determining the notice period and the amount of the rent increase, two key factors need to be considered: the term of the tenancy and the frequency of the rent payment.

In the case of a year-to-year periodic tenancy, the landlord must give the tenant at least six months’ notice of the proposed rent increase. This notice period is set out in Section 13(2) of the Housing Act 1988. This notice period applies regardless of whether the rent is paid monthly or annually.

In the case of a monthly periodic tenancy, the landlord must give the tenant at least one month’s notice of the proposed rent increase. This notice period is set out in Section 13(2A) of the Housing Act 1988. This notice period applies regardless of whether the rent is paid monthly or annually.

It is important to note that the notice period for a rent increase cannot be reduced by agreement between the landlord and the tenant. However, the landlord can give the tenant more notice than the minimum required by law.

In summary, the notice period required for a rent increase under a Section 13 Notice in English housing law depends on the term of the periodic tenancy and is either six months or one month. The frequency of rent payment does not affect the notice period.

39

Hope you can save enough. i am a Landlord , but I am all for people buying their own place . Some can be paying a lot for rent but cannot get a mortgage paying the same amount . It is not fair

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40

Hi Colin

Thank you so much for your kind comment.

Most landlords are great; as a student, I never had a problem in London or Manchester. In America, I had a similar experience. My first two landlords in the UK were fantastic.

Sadly, the current LL has been appalling. I actually found this property and recommended it to him (a family member) as it was well below market value. I agreed to rent it if he bought it.

When problems first started, he stated that the mortgage wasn’t covered by the rent. I knew this wasn’t true as I’d accidentally opened a letter from Nat West a week before. The mortgage was covered by 55 percent of the rent.

The other thing I learnt back then was that he’d secured a ‘Holiday Let’ mortgage to buy the property, rather than a Buy To Let mortgage. The family all use a former Nat West Manager who sorts out mortgages for them; to me, it’s fraud. Nothing less. I sincerely hope he didn’t deduct mortgage interest on his tax return or offset any renovation costs which can in some way be a deduction from taxable income.

Life is unfair; I sadly have to tell my children this on a day to day basis. I’ve never fiddled a dime in my life but find myself somewhat compromised by people who are dishonest. I’ve reached the point now where, sure, I can find another rental or hopefully buy a place. However, I’ll leave any investigation into a fraudulent mortgage application upto Nat West and HMRC.

I also think by virtue of him having a Holiday Let mortgage for the first five years of my tenancy, it may invalidate any agreement I have. I’ll let a judge decide.

Similarly, the agent who has been harassing me will be reported to the Ombudsman.

I have engaged with a lawyer to seek reimbursement for the costs of repairs I’ve had done along with damages for disrepair.

The lack of GSC will be reported to the HSE and the LL can explain to them why he didn’t have a GSC for over 10 years.

I’ve obviously not had a great experience and there must be 100’s like me. Hopefully, the majority of tenants don’t experience this.

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