UK Landlord Forum / Life

I'll try and make this as non-convoluted as possible.

I live in a 4-bed shared house in the Lambeth borough, rented privately (no agent). I'm not 100% sure how our rental arrangement is legally termed; we are charged a rate per room rather than per house but have signed a joint private tenancy agreement.  The last 12-month agreement was signed in September 2017 (I joined the house in March and my name was swapped in) and this year it wasn't renewed for no particular reason other than landlord disorganisation.

My understanding is we are now under a statutory periodic tenancy on a monthly basis which is fine.

I'd been warned by my landlord that she was going to suggest 'a small rent increase' for us, this has actually turned out to be an increase of 23% / £130 pm each (granted it was cheap for the area, but will now exceed my budget).

I'm planning to vacate the property at the end of the 60-day notice period they have given us. I had my sights on leaving anyway so in a way it's good to have the kick up the arse.

However: Instead of asking that the higher payment starts from the 1st of the month (our rent date as per expired tenancy agreement) they have asked that the first higher full month's payment is made on the 14th January. Is this something that is at their discretion on a monthly contract?  It seems odd, and they have also not specified what is supposed to happen on the 1st Jan (13 days rent pro rata?). They have just added 60 days to the date of the notification letter rather than doing it according to our payment date.

Also I believe previous tenancy agreement had a break clause saying if we choose to leave we give one months' notice and replace ourselves with a new tenant. Does this still apply now the AST has lapsed? I'd rather not be finding my replacement whilst also looking for a new place to live in the middle of the Christmas period, so if I'm not legally obligated to do so that would be great. I expect the rest of the house will also leave.

Also anxious about my deposit, this didn't get paid into the protection scheme for 5 months after I signed the contract, but will cross that bridge if/when it comes.

Thanks for reading!

If you were bothered, you could contest such a stonking rent increase.It sounds as if you want to leave anyway.You will still be required to give one month's notice,but I doubt if you could be forced to find a replacement.Others will know more,but on the face of it you may have struck pay dirt.The landlord will have to refund your deposit,and could be liable to pay you between 1 and 3 times the same amount again,for failing to protect within the time limit.She can't insist on changing the rent date,unless entering into a new AST,as far as I know.

Quote from: heavykarma on November 13, 2018, 01:06:29 PM
If you were bothered, you could contest such a stonking rent increase.It sounds as if you want to leave anyway.You will still be required to give one month's notice,but I doubt if you could be forced to find a replacement.Others will know more,but on the face of it you may have struck pay dirt.The landlord will have to refund your deposit,and could be liable to pay you between 1 and 3 times the same amount again,for failing to protect within the time limit.She can't insist on changing the rent date,unless entering into a new AST,as far as I know.

Hi, thank you for your reply!

Stonking is the word - I'd maybe have been prepared to accept a £50 uplift for now, with the caveat that they do some repairs (our kitchen currently floods whenever it rains). Maybe they are highballing with the expectation that we negotiate. Either way they don't have a good track record of doing what they say they will do, so there's every chance we'd pay more and nothing would change. The market values in the area are pretty crazy so I'd be hesitant to contest it formally.

Re the deposit I do have this in the back of my mind - it would be easy enough to prove that the deposit protection was delayed. However how does this work if they 'retaliate' with a claim on the deposit? Are they obliged to return mine + penalty regardless? I'm keen to avoid any kind of court-based dispute, and would be happy just to get the full deposit back (although the idea of 2x that amount is appealing!).

Can you sue for the Deposit situation up to 6 years after the Deposit was taken... so you can leave, see what happens with your Deposit anyway, then take a call on what to do.