Lease renewal- does tenant need surveyor in negotiations?

[martin_n]

Hi,

My lanlord proposed a 30% rent increase which I though it was a bit too much for the area, so I asked a local surveyor to help me negotiating the rent. His initial impression was that the rent should not increase at all. I mentioned to the landlord that if he was willing to go a bit lower, but he seemed very determined to hang on to his proposal regardless of how I try to play.

My problem is that the agent wanted me to pay £1500 + VAT for the whole of the negotiation process. But if the case has to go to court then I have to pay more to him. Therefore, I am thinking that regardless of how much the surveyor is trying to propose the lanlord would still not agree, so I am tempted to do a short cut by not using the surveyor (to save money) and go straight to court and let the judge decides.

As this is the first time I am dealing with rent increase, so could someone please share your experience to see which way I should go also a few more questions below:
1) Do I allow to take the case to court without trying to use a surveyor to negotiate.
2) Does it cost a lot to take the case to court?

Thanks in advance for comments.

[SteveP]

1) Do I allow to take the case to court without trying to use a surveyor to negotiate.

Well if you go to court what evidence do you have that you are right and the landlord wrong? The point of having a surveyor negotiate is that he is an expert in both the law and the market, he will be negotiating with knowledge and evidence in his pocket.



2) Does it cost a lot to take the case to court?

It can. Perhaps more pertinently if you don't know how strong your case is you are not in a position to judge whether it is worth the risk. Litigation is always best considered the last resort/

There is another alternative which your landlord may agree to. Much cheaper and the outcome is likely to be very similar to any decision a court would make.

http://www.rics.org/RICSservices/RICSDisputeResolutionService/renewal_disputes.htm

[martin_n]

Thanks for your comments SteveP. I will discuss with the people from the scheme you recommended. Maybe this is what I am looking for.

Regards.

[Tax Accountant]

The last thing you want is to go to court as a lay person and without ascertaing the full facts as to the validity of the proposed rent increase. Court and legal costs mount up all too quickly and could also make matters worse for all concerned. It is also difficult to extricate yourself from court proceedings once the ball in rolling.

You want a rental valuation first from a qualified surveyor. Only then will you be able to address the matter further.

Ramnik