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haggard
29-04-2008, 07:49 AM
Following previous advice from this site I spoke to my letting agents and advised them that they can only increase the rent annually as they were trying to increase it after 6 months. They agreed but my landlord rang me and after a discussion where he told me 'pay up or go' I agreed to the rent increase. No date was discussed but I assumed it would be the normal 4 weeks notice etc. I expected to hear from the agents but I heard nothing from them until yesterday when they rang me to say that I had to come in to sign a new tenancy agreement (my last 6 month AST expired on 31st March) with the new rent increase which is effective from 30th April. I asked why I hadn't been given any notice re this and they stated that because I spoke to the landlord it was considered that I knew, therefore no notice was needed from them. I checked the 1988 housing Act and I believe that I should have been informed in writing with 4 weeks notice. Can anyone confirm if this is the case as I agreed the increase with the landlord even though no dates were confirmed?

Colincbayley
29-04-2008, 08:19 AM
It is not a rent increase, it is a new contract with a higher rent. If you sign it, then you will be bound by it from the date of the contract.

haggard
29-04-2008, 08:28 AM
The contract is dated 31st March as agents said they had to date it from when my old contract expired. Does that mean that potentially they could ask for the £100 for the last few months as well. As it is a new contract with a higher rent is it right that I am not given any notice?

Colincbayley
29-04-2008, 08:34 AM
Does that mean that potentially they could ask for the £100 for the last few months as well.

I wouldn't sign it for that reason, sounds odd to me!!

There is no reason why the new AST can not be dated from the end of April or May.

P.Pilcher
29-04-2008, 09:54 AM
You have two options I'm afraid: Either sign and pay the new rent - probably backdated to the expiry date of your old AST or refuse and anticipate the receipt of a section 21 notice giving you at least two months notice to leave (this should end on a rent day). You will not have to pay the new rent at all. The choice is yours!
Note: Landlords can increase rent in two ways after the fixed term of an AST has ended. They can use section 13 where a month's notice is required and no further increases can be made for a year OR they can issue a new AST at a new rent and require you accept this and the increase or expect to receive that Section 21 notice. In other words: "Pay up or push off!"

P.P.

haggard
29-04-2008, 10:57 AM
Can I refuse to pay backdated rent and only pay the rent as from now? Maybe get them to agree it in writing before I sign? They wouldn't gain much by serving notice for the sake of £200.

P.Pilcher
29-04-2008, 18:16 PM
You can refuse if you wish, and on considering the cost of getting a new tenant, your landlord might agree. If so,get him to alter the date of the new AST accordingly so that it starts when you agree the new rent is to start. Remember that as your original AST has now expired, in law you automatically hold a statutory periodic tenancy which is only terminated when the new AST becomes effective.

P.P.

haggard
01-05-2008, 17:16 PM
Thank you. I did ring the agents and advised them that I wanted the date changed on the new AST contract as I did not want to pay any back rent. They agreed that I only need to start paying the new rent as from now but they said that they cannot change the date of the new AST from March 31st as the contract has to be from the date the previous one expired. I find this strange because last month the agents told me I was now on a periodic tenancy but have since changed their minds and now want to back date it. Do you know if the contract has to start from when the old one expired?

attilathelandlord
01-05-2008, 17:35 PM
It's absolute rubbish, the only thing that has expired is the fixed term, not the contract. If you sign a backdated contract then you will be liable for back dated rent.

There is no reason the contract can't be dated from the beginning of the next rental period.

That's the only contract I would be signing.