Notice to increase rent during lease term

Kevvv

I am currently stuck over my legal standing in relation to a notice our apartment received to increase the rent.. 

A bit of the background to the current situation, It is a 2 bed apartment. I moved in in September signing a 9 month lease for 400pm. Meanwhile, the other person who lives in this apartment has been here since 2011 and has let their lease run under part 4 paying 400pm also. During her time here she has never renewed her lease or been subject to a rent increase. We pay our rent separately, and at different stages of the month.

Last week we received a letter that our rent is increasing from 800 to 880 pm in 28 days. In order to agree to this increase we are asked to sign a new lease. 

My question is, as I am currently 5 months into my lease can the landlord legally increase my rent? (From the research I have done it seems he can only do this once every 12 months). 

Also, my flat mate is not totally against the increase, but signing a new lease is unsuitable as they may plan to move out in the coming months with a new job prospect. 

Technically, should the agent divide up the increase as 440pm each or should my flat mate be subject to half the increase as I am currently within a lease?

Any advice on my legal position or advice before contacting the agent would be appreciated. 

djimi

If you both have seperate leases and both are paying rent at different times in the month then I dont see how they can say that the overall rent is increasing (given that there is no overall rent). My taking on this (which may well be wrong) is that your housemate would be eligible for a rent review, but you would not be until you have been in the tenancy for 12 months. I have to admit though that the area of seperate leases is something that I am a bit unsure of, so I might not be correct with that.

Either way, the landlord is not entitled to force you to sign a lease if you dont want to, even if you agree to the rent increase.

The_Conductor

There would appear to be a fundamental misunderstanding here- the landlord thinks he (or she) is letting the apartment, period. You and the other tenant think you're renting (what? a bedroom in said apartment?)?

Unfortunately- it would appear, from the very little information you've given, that you are not renting the whole unit- and do not enjoy the rights associated with renting a whole unit. Or- alternatively- you are- in which case, the lease dates back to when the original lease was signed........

Its a mess- and one you're not going to easily resolve. At very least the other tenant is liable- and you too will be liable, once the requisite period is served. At worst- its valid- from 28 days.

You can dispute it by all means- but for the sake of 40 quid a month- when rents have gone up significantly more than 10% over the past 4 years- you could well be opening a can of worms (aka the landlord might be able to show that the market rate is significantly higher than this- and seek the higher amount instead...........

Be careful.

Kevvv

Thanks for the replies. Maybe should have given a little more detail. The letter we received from the agent is the same as what at least two neighbours received also. (They are renting the whole units however) and are owned by the same landlord.

It may be an oversight by the agent to think the whole unit was under one lease for ourselves too?

My main question is can a landlord increase rent midway through a lease? (Ie. 5 month lease)

@the_conductor yes local rent is higher! typically between 900-950 for similar, but prtb evaluation is much lower (850) and less than 4 years ago.

odds_on

Just to try to clarify if you and your housemate each have their own lease, does your lease mention anything about the other tenant?

Did your housemate originally sign a lease (probably as a co-tenant) for the whole apartment?

My gut feeling is that the latter is the case and you should have been provided with a Deed of Assignment, transferring the obligations and responsibilities from the original housemate's housemate. Instead, a useless landlord / agent has given you a lease, thinking that it would legally do.

If this is the case, you have a lease which is different to your housemate's and therefore, you have a different tenancy agreement (which should be registered with the PRTB separately to your housemate's tenancy. Therefore, the landlord / agent cannot increase your rent but he can increase your housemate's.

You need to study your lease to see if it has any special references to sharing.

Kevvv

My lease does not mention the co-tenent. It is titled "short term tenancy agreement of a private house or an apartment". It lists the landlord, myself, the premises, the term of lease, the rent payable (400pm), and then continues to a number of pages of generic conditions.

In my opinion my lease is a generic which the agent provided when I moved in. My flat mate did not have any involvement in this when I signed it.

I am unsure whether the original lease they signed back in 2011 mentioned a co-tenent.

odds_on

Kevvv wrote: »

My lease does not mention the co-tenent. It is titled "short term tenancy agreement of a private house or an apartment". It lists the landlord, myself, the premises, the term of lease, the rent payable (400pm), and then continues to a number of pages of generic conditions.

In my opinion my lease is a generic which the agent provided when I moved in. My flat mate did not have any involvement in this when I signed it.

I am unsure whether the original lease they signed back in 2011 mentioned a co-tenent.

Then, you seem to have your own lease and the landlord cannot increase the rent until after 12 months that you have been living there.

Why it says "short term lease" I don't know. Once you have been living in the apartment for 6 months, you are entitled to remain there for a total of 4 years without signing another lease - to me, that is not short term!

Kevvv

Okay that is great.

odds_on wrote: »

Once you have been living in the apartment for 6 months, you are entitled to remain there for a total of 4 years without signing another lease - to me, that is not short term!

- this means even if my flat mate agrees to pay any extra sum per month she cannot be forced to sign a new lease?

odds_on

Kevvv wrote: »

Okay that is great.



- this means even if my flat mate agrees to pay any extra sum per month she cannot be forced to sign a new lease?

A tenant can never be forced to sign a new lease. There are two options -

Firstly, the tenant signs a new fixed term lease during which time the terms of the lease must be respected - no rent increase during the term, no eviction except for breach of obligations and the tenant may extract himself from the lease only by means of an assignment.

Secondly, the tenant does not sign a new lease and opts for his Part 4 rights. However, the landlord may evict the tenant under one of six grounds available to him (such as if he wants the property for his own use, he wants to sell the property, or he wants to renovate the property). The advantage to the tenant is that he may leave at any time, without penalty, by giving the required notice.

Whether there is a fixed term or a Part 4 lease is entirely up to the tenant.