Rent increase - procedure?

CathleenN

In view of recent speculations of landlords increasing rents to cover new expenses I wonder what exactly is the procedure for that? Can you say "No, thanks" and move to another property instead? How promptly, then?

To add some specifics, we are on the Part 4 lease, and our notice period is 42 days by now. Suppose, our landlord comes 2 weeks before the next payment is due and asks for an increase. Are we obliged to pay the new increased amount for the next month, or can we refuse? What exactly happens in the latter case? Could anybody please point to me the relevant piece of legislation?

Giblet

You can say no, and if he doesn't agree, you can leave.

CathleenN

Giblet wrote: »

You can say no, and if he doesn't agree, you can leave.

Thanks for your reply!
How soon would we need to leave then? Does the regular notice period (42 days in our case) apply, or would we need to leave before the next rent is due?

The_Conductor

Hi Cathleen,

A landlord is only entitled to review rent once a year- outside of this timeframe, tough luck. Any rent review must be shown to be consistent with the local market (aka if a landlord doesn't like a tenant- he can't just hike the rent independent of any other factors to get them to leave).

You would normally renew your lease on an annual basis also. Your lease will among other things detail the rent to be paid and the manner in which the rent is to be paid. If you are in disagreement with the new lease, it is your perogative to serve notice on the landlord of your intention to leave. The period of notice depends on two factors- whether there is a pre-existing lease detailing periods of notice, or if not, whether a Part 4 tenancy exists, which has statutory notice periods.

Once you have served notice of your intention to vacate the premises, the landlord is unable to increase your rent for the duration of your notice. Should you breach your period of notice- by leaving early or late- he/she is entitled to rent for the full period of the notice if you leave early, or to unilaterly increase the rent, providing its properly applied, backdated to the original date of elapse of the previous lease.

If you have any queries- you really should ring Threshold.

CathleenN

Hi smccarrick,

Thanks that's very helpful!