My landlord wants to increase the rent outside of the rental review agreement

My landlord has recently renovated the bathroom. Following the renovations, he has said the wants the rent to increase by £100.

The contract we both signed states: “It is agreed that the rent as defined in Clause 1.12 of this Agreement will be reviewed in an upwards-only fashion on its anniversary and any subsequent anniversaries.”

We moved in April 2023, and the tenancy is now on a rolling periodic basis. He has proposed this rent increase in September/October 2025.

The agency he is working with has said “A Landlord can increase the rent at any point once the additional agency period has expired. The initial agency period has expired”. Is he correct?

I am aware of the legal rights:

  1. under Section 13 of the Housing Act 1988, a landlord may only propose a rent increase during a periodic tenancy if no rent review clause exists within the tenancy agreement. As our agreement contains a specific clause and timetable for review, the Section 13 procedure is expressly excluded in this case.

  2. Under Section 11 of the Landlord and Tenant Act 1985, the landlord is obliged to maintain and repair the property. Routine maintenance, repairs, or discretionary upgrades do not constitute grounds to vary the rent outside the contractual review mechanism, nor do they confer any unilateral right to alter the rent mid-term.

  3. Any attempt to impose a rent increase prior to the tenancy anniversary would represent a breach of contract and an unlawful demand for payment under the Housing Act 1988 and the Consumer Rights Act 2015.

My worry is that if he withdraws, come next April, he will increase the rent even more OR threaten to evict us for contesting.

Please can someone advise me?

Hi @Sadia4

Ask agent to clarify if LL actually is proposing increase right away or, ask from when, or from April to allow you time to consider, discuss with LL and give notice if you prefer, mentioning the clause that the would make an increase now a breach of agreement.

(In any case you and LL can agree changes to the agreement if you both agree including rent increases and removing clauses but has to be done legally with the correct process.)

Proposed increases are a matter of negotiation between LL and tenant, just like original rent agreed.

LL needs to make a profit it’s a business for LL. If their costs go up or they have unexpected ones it’s normal they will try to recoup. Some LLs charge more in first place to cover others keep rents lower and only increase when they have to.

Renovation is different from routine maintenance. If bathroom is actually upgraded from what it was (rather than previously wear n tear addressed such as renewing silicone seals round bath, say) LL may reasonably consider they can get a slightly higher rental, whether from you or someone else.

LL won’t want hassle and expense of evicting you if you are a good tenant and you def don’t want an eviction on your record as will make finding somewhere new much harder. But you have to be able to afford.

If you think you won’t be able to afford any part of the increase suggested, start looking for a new place. Otherwise think what a reasonable counter offer would be for a rent increase from April, telling LL what is affordable for you given your circumstances.

Good luck

My understanding is that the rent review clause wouldn’t carry over to a statutory periodic tenancy, but it would continue into a contractual periodic tenancy, so the first step is to establish which you have. If an SPT, then the landlord could use a s13 notice to impose a rent increase. If not, its by agreement only.

You dont say what Renovations were done to the bathroom, but s11 only refers to repairs, not improvements. In any case, this is a red herring as the landlord doesnt legally need that justification to increase the rent.

We dont know what rent you currently pay or whether its below market rent for this property. Landlords costs have also increased substantially over the last few years, so its possible that the increase is justifiable or even necessary. You should also be aware that landlords are being advised to bring their rents up to market level before the Renters Rights Act becomes law and makes increases more difficult.

I understand that this increase would be difficult for you, but I think to focus on the legal position is a distraction. Its still possible for the landlord to serve you a s21 notice if you refuse any increase, which would make your situation worse. In your position, I would start by trying to negotiate a smaller increase and/or start looking around for somewhere more affordable.

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