Cookies must be enabled for this site to function properly

Topics / Tenancy agreements 

start a new discussion

Increase in rent

1 helpful votes
This is the number of people who have indicated that they have found this discussion useful.
178 views 4 replies latest reply: 07 June 2016
Photo
Tenant

Advice will be appreciated . We were in short hold tenancy – where there is a clause for increase in rent by 3% yearly if the same tenant stays.

we have been in the property for 3 years. For last two years we didn’t not get any notice of increase rent. Last year we got a ail from estate agents if we will consider increase in rent by 50 pounds we said we will consider 25 but no further mails received from agents if the rent increased or not. 6 months since that email we got a mail in post last week saying we owe them arrears for last 2 years!!! As it states in the contract..

What is our position??? Our dispute is they were silent for 2 years no question of increased rent was ever raised now how can we be responsible for arrears which was never actually ever asked for..BUt they are taking a stand as per agreement we owe them

my question is it tenant ‘s responsibility to automatically raise their own rent and pay the agents because of the clause.. Do the agent do not have to ask for it ? And in our case they have forgotten to use their clause can suddenly use ask for arrears.

we will appreciate an some advice.

thanks

Photo
Service provider

Hi,

I’d need to see the wording of the clause, but if it states that rent will increase by 3% each year, then that is all the notice they would need to provide. 

For a £50 increase, that would indicate that your rent is £1666.67 per month. Is that correct?

If the clause states rent may increase or reserves the right to increase by 3%, then the agent would need to give you a full rental period’s notice, so they would not be able to back-date the increase.

John

Photo
Tenant

Thank you john . very helpful advice. The wording is similar to your first rent will increase by 3% on the anniversary of the contract.

 we did get another advice — if only it applied to us!!  

After the fixed contract ends if u r in a periodic contract rent review is not valid! Landlord has to provide 4 weeks notice.

Regards 

tksp

Photo
Tenant

We were paying 900 per month

Photo
Service provider

The other advice you received would apply in a standard AST with no rent increase clause.  

Assuming the clause is unambiguous, it is standard practice to confirm the annual increases – not a formal ‘notice’, but tenants cannot be expected to get their calculators out to work out how much rent they should now pay.

Why did they ask you to ‘consider’ a rent increase? Clearly, you could have given notice if they had refused your £25 offer, so I would refuse to back-date, as they appear to have considered the clause to be optional.

Showing 1 - 4 of 4 Comments
start a new discussion

Post a reply