Unfair rent increase?

Tenant Discussion
21

I wonder what the ceo of Tesco drives and how big is holiday home is but they pay for numerous food price hikes in one year
What do the oil tycoons drive or the utility ceos
They increase prices more than once a year but no tenant ever grumbles about that
They don’t even reduce prices when wholesale costs come down

This chap didn’t increase his rent for one year and now he’s being vilified for it

Lessons to be learnt
Tessa
Has advised increase rents yearly

I was accosted by a tenant for the same reason
We increased by 8% ( contract max was no more than 10%) so I got the third degree )

They haven’t cleaned in a year and have only done so after being prompted and shop like it’s running out of fashion
I even helped clear their hoarded rubbish

What is it about increasing rent that turns people’s stomachs

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22

I drive a Meriva and have a ride on mower!!! I bet that will get him really riled up

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23

So you get an S21 eviction with a ccj . Try and get a mortgage after that

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24

“If you seek revenge dig two graves “
Confucius ….
What is wrong with people
Speak first think later

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25

My understanding is that a rent review clause wouldnt automatically carry over to a statutory periodic tenancy, but in this case the wording is very specific and even if you didnt have a case under housing law, you might undrr contract law. You need a solicitors opinion on that clause. Try Shelter first.

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26

Shelter’s website says that unless the contract specifically stipulates that a contractual periodic arises after fixed term expires then the rent review clause will not apply.

27

Hi,
Yes, the rent increase clause does still apply. When your fixed-term AST rolled into a statutory periodic tenancy, all terms of the original agreement (including rent review clauses) continued under Section 5 of the Housing Act 1988.

Your contract clearly states that rent increases in a periodic tenancy must follow RPI with a 3%–10% range The landlord can’t ignore this and impose a higher increase unless they serve a Section 13 notice, which you can challenge.
You’re right to question the 8.5% increase if the RPI was only ~3.2%.

28

Shelter thinks you are mistaken there:

[Use the subject: Rent review clause in my periodic tenancy]

You told me that my rent will increase to £xxx because of a rent review clause in my tenancy agreement.

I have checked my agreement and my tenancy rights.

I cannot find anything in the agreement that says my tenancy continues as a contractual periodic tenancy. I have a statutory periodic tenancy.

As such, the rent review clause in my agreement no longer applies. My monthly rent stays at £xxx

29

Whether he drives a Porsche or a Trabant that’s up to the LL who he spends his money. Others may spend it on private school fees, others on paying nursing home fees for elderly parents.
The question you have to ask yourself “is the property worth the increased rent?”.
If it’s still lower than the average for the area, take it as a win.
For context, I’ve just increased my rents at an average of 15% and I received really lovely messages back and one gave me chocolates… They know how much other comparable properties are.

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30

As far as I can tell where there is a rent review clause in the contract (which I believe the above clause constitutes) a Section 13 (Form 4) rent increase does not apply. This appears to be backed up by guidance on the Shelter website.

Am I right or wrong?

31

It depends upon if your. Contract is contractual or statutory
If it is a contractual periodic s13 does not apply
If your contract is statutory s13 can be served
If you want to go to tribunal be aware that they also increase rents
It is documented for tenants below market rate that they have increased the rent

I know you want to fight this
Just think about the long term . You can fight your section 21 but when he eventually evicts you where are you going to go ?
Why make your situation untenable
Any landlord worth their weight in salt will want a reference
I did not give my s21 tenant a reference
If a tenant has no reference it’s going to reduce the accommodation available to you
It’s a red flag

It works both ways
Don’t cut your nose off to spite your face
You catch more flies with honey than vinegar

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32

If there is no rent increase in the tenancy agreement he can use S13 to propose a new rent. When there is a rent increase in the tenancy agreement he has to abide by it. S13 can’t be used when the tenancy agreement already provides for increases.
Best advice talk to shelter or citizens advice who should advise on what is appropriate under your agreement. Alternatively appeal to the rent tribunal

33

To be fair even the Shelter link you posted says that a rent review clause would only apply after the fixed term if the tenancy is contractual periodic. Yours doesnt appear that way from the extract you posted, so I think a s13 notice is at least in theory allowable. Whether a judge would see it that way given its specificity I dont know.