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
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.
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
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
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.
Not sure we’ll hear from @goatse again, but it would be nice to have an update.
Try looking for another property and destress yourself until you see how much more they are.
You find a better place, move, life is short.
No increase for 2 years add the two rpi together.
Of course if RPI was 10% pa that would be 21% increase over 2 years and as you only had 8. 5% you would of course be complaining it wasn’t enough
You’ve averaged 4.25% look at it that way
The preceding years RPI were approx ave 8% and 3 % so your LL request seems fair. Whether legal correct or not is open to debate.
Remember RPI does not include the additional costs LL have had. It’s tailored and crafted to help governments pay the least on things like pensions and alike.
Fight all you like, its your choice, stress yourself. Whether you win or lose the LL will get the house back under legislation someway.
You don’t care! Looking back you’ll realise the error of your ways.
If you lose, it will cost you, if evicted, a ccj, maybe bailiffs if you want to get awkward, then everything you use from mobile phone credit cards, loans, hp or anything will be affected and more expensive.
Of course you could meet your LL, he might even give you a ride in his Porsche, to discuss things like adults.
One thing is certain you will no longer get no increases in a year.
The way legislation is going there will be less properties available and with the significant increase in population, the recent EU agreement on mobility between the EU and UK, more people will come to the UK.
H’mm what do you think that will do to rents and availability, where will that leave you with a CCJ hanging over your head.
Take the wise road ahead and enjoy life
I think your wisdom has fallen on deaf ears
I’ve just had a similar issue
Last night a tenant gaslit me into a pseudo reality of how percentages work and stated the increase is from the original rent not the last rent and tell me he’s a good tenant ( I had to visit the house three times to get him to clean properly with a lot of pushback after 9 months of telling me they were just about to do it )
I’m now wondering do I serve a s21 before RRB comes in ?
What about I gave the tenants AST for 2023/24 and 2024/25 for the same rent can now I serve section 13 for 6-8% taking into account the RPI increase for the two years as I fix as good gesture but now I can not increase it just 3%. All my AST doesn’t have clause for rent increase but it state that once the AST expires it role into contractural periodic tenancy.
You have several ways to increase the rent
You can increase rent to market level
Write to them and let them know it’s being increased. If they pay it’s considered accepted.
If they don’t serve a section 13 which they can accept or challenge in a tribunal .
What is the exact wording of your rent review clause and what does your tenancy agreement say happens when the fixed term ends?
Whilst it may be incorrect, what are you hoping to achieve? The increase does not appear unreasonable however if you feel it is, why not do as the notice advises go to a Tier 1 tribunal for an independent decision whether the increase is unreasonable or not. If you point out the corrections to you landlord, the proposed increase is not likely to go away, they will issue the same notice but correctly or potentially a section 21 instead. It appears you are trying to fight a decision that you will not change largely because that decision is correct.
Forcing a Section 13 appears futile, just either accept the increase, challenge the increase via Tier 1 or if you are that unhappy, give appropiate notice to vacate.
If the tribunal favour the landlord the rent increase will apply from the date of service not from the date of the hearing
It’s backdated
I don’t think you will find your answer here .
I am in a similar situation , on the receiving end of lack of accountability, and of this weekend I am contemplating serving a s21.
I am tired of tenants never complaining about corporates hiking prices but the landlord being vilified for increasing prices to deal with a volatile geopolitical climate.
I don’t drive a fancy car but I know how hard I work to give tenants a better quality home than I have myself .
This is the only profession where we are expected to subsidise another man’s sloth. A lot of these landlords work two or three jobs .
The landlord shops at the same places you do. He’s facing price hikes in the same way you are.
The world really has changed for the worse .
I caveat that as only one tenant is behaving like this. The others haven’t .
You are the one born every minute. You ask a question and do not like the answers . You are the one in an ivory tower and think your actions are laudable When the bill comes into action landlords will sell up and buy bigger cars . Renters will be stuffed , you may be best buying a house and then you will realise the hidden costs. One born every minute
Being envious will eat you away. Tenants will suffer massively due to the RRB, if you think otherwise then you clearly don’t understand it.
Dig those 2 graves pronto
I am buying a house…
You haven’t answered my question. All you did was moan about what a hard life landlords have and how I should be grateful for paying exorbitant rents for substandard accommodation. Get real.
So why do landlords oppose it then?