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flashpants
10-04-2006, 14:19 PM
Hello,

Hope someone can help me with this question.

I am currently renting a house with my girlfriend and we've been renting this property for 2 years. When taking on the rental we signed a 6 month tenancy but haven't had to sign anything else since.

I suspect my landlord is considering selling the property and wondered how much notice he needs to give me so I can plan ahead. What rights do I have.

Any help appreciated thanks.

Editor
10-04-2006, 14:27 PM
If your fixed term has ended and you have not agreed and signed for a further term you are now a periodic tenant - ie your tenancy runs from month to month (presuming you pay monthly) on exactly the same terms and conditions as before - the original agreement still applies.
If your landlord wants you out he will have to give you 2 months' notice - 2 clear rent periods ending on a rent day, which can in practice be more than 2 months.
On the other hand, if your landlord sells the property as an investment a new landlord may want to keep you on?
As a tenant you do not have any preference when it comes to buying, if that's what you mean.

flashpants
10-04-2006, 14:57 PM
Thanks for the info.

I was more concered as to how much notice I was looking at.

Does this two months notice apply if he wanted to end our tenancy and rent to someone else also?

We had our rent put up recently and we were given only a months notice.

Thnx again.

Paul_f
11-04-2006, 11:32 AM
Just noticed something about your rent being increased. If there is nothing in your tenancy agreement about rent increases then the landlord has to follow a set procedure known as serving you with a S.13 Notice using Form 4B. He can only do this once a year. You can access the information and form for free from http://www.opsi.gov.uk/si/si2003/20030260.htm so you can see exactly what the landlord should have done!

Once the landlord has served you with this Notice you have 28 days to decide to accept it or not. If not it has to be assessed and the amount is binding on the landlord for the next 12 months.

If your landlord did not follow this procedure then you can ignore the rent increase and just pay what you were previously. You don't have to tell your landlord what he has done wrong, it's up to him to find out. You can just tell him that his rent increase was not done lawfully!

As far as Notice of Possesison is concerned the previous post is absolutely right, you will have at least two months notice; mind you half of those served are invalid for one reason or another, so don't assume it has been served correctly - get it checked out if and when it arrives!

Worldlife
11-04-2006, 14:03 PM
Paul could you clarify your advice in relation to Office of the Deputy Prime Minister booklet "Assured and assured shorthold tenancies - A guide for tenants" (My copy is Product code 97 HC 228A)



7.3 What happens if the tenancy agreement does not say when the rent will go up?

If the tenancy is a fixed term tenancy , the landlord can only put the rent up if you agree. If you do not agree, the landlord will have to wait until the fixed term ends before he or she can raise the rent.

If the tenancy is a contractual periodic tenancy, the landlord can put the rent up up if you agree. Alternatively the landlord can use a formal procedure in the Housing Act 1988 to propose a rent increase to be payable a year after the tenancy began. He or she can then propose further increases at yearly intervals after the first increase.

When the fixed term tenancy ends and the tenancy lapses into a statutory periodic tenancy, the landlord can put the rent up if you agree. Alternatively he or she can use a formal procedure in the Housing Act 1988 to propose a rent increase to be payable as soon as the statutory tenancy starts. The landlord can then propose further increases at yearly intervals after the first increase

It is not clear whether the correspondence from the landlord to the tenant was a formal notice or a letter seeking agreement to an increase and what if any response was required from the tenant.

If the landlord gets the increase procedure wrong the opportunities for the tenant to reclaim overpaid rent are awesome!

flashpants
13-04-2006, 12:30 PM
Cheers for the help!

I was contacted via telephone from my landlord, then he sent me a letter in writing about the rent increase which stated the increase would start from my next month. I wasn't given much option I was told he only needed to give one months notice and if we decided not to pay he could get new tenants in and charge them more.

In the end I managed to negotiate the increase down a bit.

Have to say this is a great site for getting info on the subject.

Paul_f
13-04-2006, 15:59 PM
Paul could you clarify your advice in relation to Office of the Deputy Prime Minister booklet "Assured and assured shorthold tenancies - A guide for tenants" (My copy is Product code 97 HC 228A)



It is not clear whether the correspondence from the landlord to the tenant was a formal notice or a letter seeking agreement to an increase and what if any response was required from the tenant.

If the landlord gets the increase procedure wrong the opportunities for the tenant to reclaim overpaid rent are awesome!The thing about this wording (which is quite correct incidentally) is that it doesn't give you the full picture. You can still appeal to the Rent assessment Committee wihtin 6 months of the new rent if you feel it's too much. The thing about agreeing to an increased rent is have you been given enough information about the procedure the landlord should follow?

He could of course serve you with a S.21 Notice and then if you wanted to stay and requested to be consderd for a new tenancy he could then increase the rent, providing of course he has ready tenants. Is it worth his while to go through all that just to get a moderate increase? It's a judgement call after all.