My rent hasn’t been increased since I moved into the property (a few years now). LL said he wanted to increase rent and I was fine with that, obviously. Submitted to me via email but changing the tenancy date, giving all sorts of calculations of how that would work. I agreed the amount by return email but asked if he could put it in a form 4a and saying as per the form my tenancy start date cannot be changed. Now, I’m still waiting for the form but he’s alluded to more of an increase than first given. Can I go to tribunal as I’d already accepted in writing the original increase?
When did he send the email to you and when did you agree? What did you agree to i.e. what was the original rent and the increase? What are comparable rents in your area for the same type of accommodation?
Email was sent 30 May giving 2 months notice (tenancy is mid month) and wanting to start new rent as of 30 July. I went back and said rent was fine, but tenancy is mid month so would start mid August. That’s when he started with calculations to pay extra if I wanted to keep tenancy date. I then asked for a form 4a as I knew there was a note on there about new rent to start at tenancy date.
He then came back saying that mid month worked better as he could take more time to decide the tent increase.
I have never had an increase since I moved in. If increased to market value it would be a 62% increase. The first value suggested and that I agreed was a 25% increase.
I haven’t mage a by increased payments yet as he’s still not supplied the form 4a
If it’s after 1st May, he needs to issue a Form 4a. This is a requirement under the Renters’ Rights Act which became law from that point. Not only that, but he can’t insist on a change in the rental period unilaterally. If you don’t agree it, then you can continue to pay rent mid-month as you have been. TBH, sounds like LL really doesn’t know what he’s doing. You sound more informed.
If you’ve not made a payment, then that’s good because it means you haven’t agreed it. Well done for holding off.
If you’re paying rent which is effectively around 40% below market value, I don’t think you’ve got a hope at a tribunal. In fact, the tribunal may well rule that a higher increase is justified.
Remind him that with the RRA, a Form 4a is required for a rent increase and that this should give 2 months notice. This means it can’t take effect until September if your rent is on or due before the 15th of the month.
As far as I understand, a tribunal cannot increase the amount on the form 4a so if it comes back as a reasonable increase then that’s OK.
My query was more that I’d already had an increase submitted to me that I accepted in writing and because I’ve asked for it to be done lawfully, he’s penalising me.
He cant now formally change the rent payment date as its a breach of the RRA and could incur a civil penalty. He may not be aware of this. The increase would have to take effect on the regular payment date, which sounds like mid-August in this case.
It’s irrelevant that you’ve agreed in writing under the RRA. The law now states that he needs to issue Form 4a before any increased rent payment is due from you. No form, no increase. Simples.
And no form no rent tribunal either. You have to wait for him to act if you want to take it to a tribunal.
It did used to be the case that a tribunal could set the rent higher than that which the T is disputing. However, with the RRA, that’s no longer the case and the increase will be capped at whatever the LL is proposing if it’s a reasonable increase.
However, because your rent is so far below market value, you should be aware that the LL may well issue a hefty rent increase either this time or next year and a tribunal would back it. You should be prepared for that.
If he’s not followed the RRA process (section 13/form 4a) to increase the rent, it’s legally invalid so rent hasn’t gone up. Whether you accepted or not is irrelevant.
You can challenge what is in the form 4a when it arrives but unless it’s above market rent you will find it difficult to be successful.
Cost to change contract should be a fixed fee see the tenancy fees act guidance - extract below. Not more than 50 quid unless evidenced
Good luck
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CHANGES TO A TENANCY
Q. What do you mean by a change to a tenancy?
A change to a tenancy is any reasonable request to alter a tenancy agreement. This could be making changes to the tenancy agreement to enable:
• pets to be kept in the property
• a change of sharer in a joint tenancy
• permission to sub-let
• a business to be run from the property
• or any other amendment which alters the obligations of the agreement
Where possible, a landlord or agent should make every effort to accommodate any reasonable changes you have requested.
Q. Can a landlord or agent charge a fee for each change to a tenancy agreement?
Yes. However, a landlord or agent should be able to justify the costs that they have incurred because of each change. Not all changes to a tenancy agreement will incur the same cost, for example, including a pet clause within an existing tenancy
agreement is unlikely to incur the same cost as a change of sharer. The general.expectation is that this charge should not exceed £50. If a landlord or agent seeks to.charge you more than £50, you should ask your landlord or agent to provide written
evidence in the form of receipts or invoices to demonstrate that the amount charged.does not exceed reasonable costs. Any costs that are not reasonable are a prohibited payment.
A landlord or agent should not charge £50 per change if more than one change is.requested at the same time in one variation. For example, an agent charging £150 for 3 changes to a tenancy requested at the same time. The amount which exceeds
£50 or the reasonable costs incurred in making the variation would be a prohibited.payment.
“He cant now formally change the rent payment date as its a breach of the RRA and could incur a civil penalty. He may not be aware of this. The increase would have to take effect on the regular payment date, which sounds like mid-August in this case”
According to this it’s possible by amending the written statement of terms (in practice the tenancy agreement) but care needed to avoid breaching RRA rent in advance rules…
The article is wrong/out of date. The only month in which the rent due date can be changed is the first month of the tenancy. This would also change the tenancy period dates as the two can no longer be out of sync. After that, there is no option to change it. The landlord and tenant can agree to informally allow the tenant to pay a few days late if, for example the tenant changed their job and their salary was paid on a different date. However, thats not what the landlord is proposing here.
So the form 4A lays down all the info the form 13 does, so what is the point of a 13 if 4a does it. Its pretty confusing when it seems illogical to have 2 form when one will do, I can see that 4A has extra info so whats the point of a 13 ??
Yes, there will be many more confusings coming our way, makes you wonder if its designed to ruin us. What I think is so unfair is that no LL has been written to by the Govt to inform us of changes. They know we exist as they tax us.
