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Stipulating Rent Rises

Started by Martha, October 07, 2017, 05:11:38 PM

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Martha

I remember reading advice given on this forum a while back which suggested it was a mistake to even mention rises in rent in the wording of the contract.

The reason was that the specific terms of rises may be constraining, when the time came to raise the rent.  The timing, frequency or rate, might be unsuitable and the landlord would be bound by those terms.

The advice given (IIRC) was to say nothing about rent increase in the contract, and then (after the AST had expired) a landlord could change the rent as he wished (in theory).

Is this true, is there any way that by not mentioning rent rises in the contract, that once it goes to Static Periodic, a landlord cannot increase the rent.  If he can upon what basis is this done, in the context of the contract.

many thanks

Hippogriff

You are not stopped from increasing the rent if the AST is silent on the matter. You are bound by the laws as usual. However, it is paramount (in my mind) that rent rises are done with agreement. I would never wish to be sending out Section 13s and imposing rent rises.

theangrylandlord

#2
"it was a mistake to even mention rises in rent in the wording of the contract" - not necessarily depends on the contract and context
"the landlord would be bound by those terms."  - yes the landlord would be bound.
"a landlord could change the rent as he wished (in theory)" - only if the tenant agrees
"is there any way that by not mentioning rent rises in the contract, that once it goes to Static [sic] Periodic, a landlord cannot increase the rent." - no
"If he can upon what basis is this done, in the context of the contract." - by agreement with the tenant, it is technically a variation to the contract.

There is a government form here that facilitates a change in rent :
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471846/Form_4_-_Eng.docx

Martha

Many thanks Hippogriff and TAL. Very useful information there, cheers.

madferret

Further to Martha's original post, for those of you who have a rent rise clause in your AST agreement what measure do you stipulate how much the rent will increase (I.e RPI, CPI etc)?
Thanks