SMF - Just Installed!

Increasing rent.

Started by Martha, January 24, 2016, 01:30:15 PM

Previous topic - Next topic

Martha

Is a LL obligated to document in the agreement how and when and by how much the rent may rise?

If there is nothing in the contract about this, how does the LL go about doing it?

E.g. is a letter stating that the rent will rise from £x to £y on a certain date suffice?

Does this legally supersede what is written in the contract which states the rent will be £x per month.

Thanks!


Riptide

A letter, email, text or whatsapp (joke) stating the rent will rise is sufficient if the tenant is agreeable.  If not there is a legal notice (can't rem code) to serve the increase.  Agreements are only for when they are served and there is a rule for how often increases can be applied.

Riptide


Hippogriff

A Landlord is not obliged to put anything in the AST they use about rent increases. If they do then they will be bound by that. Leave it silent.

Martha


theangrylandlord

Be wary of advice .....etc (you know the deal Martha)

Under the Housing Act 1988 section (6) (2)
(2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.

You can vary any of the terms of the Statutory Periodic Tenancy but you must use the prescribed form found here...
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471840/Form_1_-_Eng.docx

A rent increase form in statutory prescribed form can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471846/Form_4_-_Eng.docx
This has some guidance notes as to when to use

Best of luck