Lease renewal with rent increase without proper notice

20-09-2021 05:45PM

Maybe someone else will answer you now, I’ve lost the will to live having read your posts about what is a problem with the validity of a rent review notice.

Sarn · 20-09-2021 06:36PM

Having read the legislation, in relation to the fixed term lease, the section cited from the residential tenancies act 2004, as amended, relates to overholding under a fixed term tenancy and the requirement of the tenant to notify the LL of their intention to stay.

As a tenant who already has the rights of a Part IV tenancy and a further Part IV tenancy, this cannot apply, as their accrued rights means that they are under no obligation to leave once the fixed term lease ends, in the absence of a valid notification of termination. That is, they cannot be seen to be overholding at the end of the fixed term given the large notice that they are entitled to n this case (180 days). If they cannot be seen to be overholding, the LL will not have incurred financial loss.

The intention, and I am confident in this interpretation, is that the fixed term lease aspect of the legislation is from the start of a tenancy. The introduction of a fixed term lease in an already established tenancy cannot override the rights and obligations of the tenant and obligations and rights of the LL.

Either way, as pointed out repeatedly, 90 days notice, in the required format is required before a rent increase can apply. This is clearly stated in the amended legislation.

simpleperformantsql · 20-09-2021 06:46PM

Helldesign continue to pay your rent as it is at the moment.

You have not received a valid notice of rent increase.

Do not assist the agency in raising your rent.

When they contact you with regard to the increased rent simply say that you have not received a valid notice of rent increase. Do not say anything further.

Continue to pay your current rent.

helldesign · 03-10-2021 04:43PM

An update. I informed the agent about my Part 4 tenancy and that there isn't really need for another lease, I mentioned that the rent increase is over the current HICP and asked for a 90 days notice.

Got a reply that they've made a mistake and there is no increase and they asked me to sign the corrected 12 month fixed term lease (still back dated from July).

I reminded them again that I'm currently in my second term of Part IV and another fixed term lease shouldn't be required.

The agent replied that the landlord has asked them to do a renewal and insisted me to sign it. I left this hanging and haven't replied yet.

I'm still failing to understand what are the consequences/disadvantages of signing a fixed term lease, and what is the point of it if I' m already in a Part IV tenancy and theoretically they should not be able to evict me. Why would the landlord want me to sign another fixed term lease?

Thanks!

meijin · 03-10-2021 07:21PM

during the fixed term they cannot

give you a termination notice (on part IV they still can do it, but only for limited reasons)
increase rent

so it gives you more security (if you want it, and don't intend to move out soon)

it also kind of gives them a security that you will stay for another year, but this can be worked around

so if the terms are same, it might be advantageous for you to sign it, but maybe with a correct date

Lease renewal with rent increase without proper notice

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