Part 4 tenancy and Rent Increases

Exodus 1811

Hello,

I was wondering earring whether someone can clarify on a situation I’m currently in.

I moved in to a house a few months back with 2 other tenants, one of which has been there for 4 years. The previous tenants had been receiving the 4% increases per year before I arrived, and I was in the house during our last increase (September 18).

Recently we were approached by our landlord to say that our Part 4 lease had finished, and that we was sending us out another to sign. This new lease would now include another 4%, as it was a new contract. We were told we should either sign the new lease or vacate the premises.

My impression is that we are not eligible for another increase until September 19, new lease or not. We are butting heads at this stage, and have got information from the RTB that we are in the right, but still the landlord persists. What should be our next step in all this?

Thanks in advance.

Subutai

Sign the lease. Pay the increase until you all have acquired a part 4 or further part 4 tenancy. After that, or when you're ready to move on anyway, take a case to the RTB and you will recoup any rent above the 4% p/a max increase.

Let him think he's gotten away with it for now. Otherwise you risk him abusing the s 34 procedures to get rid of ye. You cannot contract out of the rent increase limits in an RPZ, so he's only fooling himself getting ye to agree to any greater increase. Think of it as a savings programme for yourselves.

Exodus 1811

Forgot to mention. The landlord is a manager for a large property company that own the apartments.

Can this not be raised with the RTB now, and solved before rather than after the fact? I’d prefer to keep everything above board going forward rather than digging it up later on

Subutai

Exodus 1811 wrote: »

Forgot to mention. The landlord is a manager for a large property company that own the apartments.

Can this not be raised with the RTB now, and solved before rather than after the fact? I’d prefer to keep everything above board going forward rather than digging it up later on

You could raise it with the RTB now. If you are indeed at the end of a part 4 period (I don't have enough information to say) then that would be risky until you regain part 4 protections. At that point he can evict you for any or no reason. Were that to happen you could dispute the notice as penalisation, under s 14 of the 2004 Act, for bringing an RTB case. It probably wouldn't save you though, you need a lot of evidence in order to satisfy the test - he'd have to be foolish enough to immediately issue a notice after being informed of the case.

Even when you do have part 4 rights, abuse of the s 34 reasons (selling, moving in, substantial change) for termination are endemic. The first two might be less likely when it's a large property company, but the risk is still there.

Exodus 1811

The longest member of the lease is coming to the end of her part 4 tenancy. Two other names were added in exchange for others (mine and others).

From the citizens information website, a landlord can only terminate a further part 4 for the selling,renovating and moving in reasons. But I note what you’re saying about not having part 4 protections until 6months in.