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Is the landlord rent increase request legal despite the short notice?

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504 views 3 replies latest reply: 04 February 2015
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Tenant

I’ve been renting from the same landlord for 5 years with 5 consecutive fixed term short hold tenancies. Each year, two months prior the end of the tenancy I would receive a contract renewal request and rent increase request by the landlord.

However this year I didn’t hear from the landlord two months before the end of the tenancy. I assumed I was going to switch to a period contract by default.

However the landlord got in touch with me only 2 weeks before the end of the tenancy asking for a rent increase and  apologizing that they forgot to get in touch with us sooner.

Is the landlord in the legal position to expect a rent increase?

Or am I in the legal position to expect a periodic/rolling tenancy considering that the landlord failed to provide enough notice (2 months) to renew/renegotiate the contract?

please note I’m currently in the final 2 weeks of my fixed term contract.

Thanks for your help

L

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Administrator

Hi Luca

As far as I know you have no ‘right’ to a periodic tenancy – this would simply arise if you stayed in the property after the tenancy term ended and neither party gave notice to quit. However, the landlord probaby does need to give you notice (see this) so if you didn’t agree to the rent increase it would most likely be two months before the landlord could remove you. Landlords can usually only increase the rent once a year – there’s information here on how and when landlords can put your rent up (FYI it says that you must get at least one month’s notice before a rent increase).

Practically speaking I guess it depends whether you want to maintain relations with your landlord or dispute the rent increase but it doesn’t look like they have a right to put the rent up in two weeks either way.

Alex

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Tenant

Thanks Alex,

In the end we decided to maintain good relations with our landlord and agreed on a 30% discount on their original rent increase rate starting from next month. It’s not ideal but it’ll free us up to dedicate outselves to more urgent priorities right now.

Many thanks

Luca

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Administrator

Sounds like a wise move, good work..

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