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Please can anyone advise

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382 views 1 replies latest reply: 20 June 2014
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Tenant

My father is a tenant in a rental property with an assured tenancy agreement.
My fathers landlady died and left 10 properties to an Hospice.
The hospice sold all the properties at a auction.
In the Land Lady’s last will and testament she said that her current tenants could remain in the properties for the rest of their lives if they so wish.
The new Landlord has now increased the rent from £35 per week to £75 as it stands, if the properties are modernised the rent will increase to £100 more. Is this Legal? Can it be enforced?

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Tenant

Thanks for posting in our forum. Your father must be quite anxious about the rent increase as it is quite significant. We have an article on our site regarding the law on rent increases. Here is an extract below, and a link to the page:

The law
Controls limiting rent increases were abolished in 1988. However, landlords cannot legally raise your rent during the fixed term of your Assured Short-hold Tenancy, which is likely to be six to twelve months. Once your Assured Short-hold Tenancy has ended and you have a periodic tenancy, there are no legal restrictions on the amount by which landlords can increase your rent.

A few tenants have special protection from eviction and therefore may be able to get a proposed rent increase stopped. This is the case if you have a regulated tenancy (protected by the Rent Act of 1977) or an assured tenancy.

When you receive notice that your rent is going to go up you need to consider whether the amount is fair and affordable. Landlords would prefer their properties to be occupied rather than have possible periods of vacancy, so they may be open to negotiation. In this instance, TTV advises that you write a realistic and polite letter. You could offer to compromise on the amount of the increase, or ask for the rent to be gradually increased over a period of time.

Shelter has more information on rent increases. If you do happen to have a remarkably long tenancy or an assured tenancy (which few landlords or letting agents have offered for many years) then you can challenge a rent increase through the Rent Assessment Committee (RAC), which you can find out about here. (Note that there are less than 100,000 rental homes in the UK which are protected from rent increases by this very old legislation.)

http://www.thetenantsvoice.co.uk/advice_from_us/rights-fair-and-unfair-rent-increases/

Here is the url for Shelter: http://england.shelter.org.uk/get_advice/private_renting/costs_of_renting/private_tenancies

All the best; we hope your father can continue to live in his home at an affordable rent.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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