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Aventuero
22-03-2010, 19:54 PM
Hi LLZ

I have a 12 month AST expiring on 12 May 2010. Rent payment date is 1st of the month. Large LL has written to me today (22 March) proposing to renew the tenancy with a rental increase of 4% (which I believe is somewhat above market) and charging a new contract fee of £30. LL also states that if I do not contact them promptly to accept, they will assume I do not wish to extend my tenancy and will begin marketing the property (which I presume is illegal).

I love the flat, have always paid rent on time and have maintained the flat in impeccable condition.

2 Questions:
o I would like to stay in the flat, but do not want to sign another 12 month AST (would prefer the contract roll into a Statutory Periodic Contract with 1 month notice). What are my options?
o What are my options if I want to contest the rent increase?

Thanks VERY much for your help!

mind the gap
22-03-2010, 22:37 PM
Hi LLZ

I have a 12 month AST expiring on 12 May 2010. Rent payment date is 1st of the month. Large LL has written to me today (22 March) proposing to renew the tenancy with a rental increase of 4% (which I believe is somewhat above market) and charging a new contract fee of £30. LL also states that if I do not contact them promptly to accept, they will assume I do not wish to extend my tenancy and will begin marketing the property (which I presume is illegal).

I love the flat, have always paid rent on time and have maintained the flat in impeccable condition.

2 Questions:
o I would like to stay in the flat, but do not want to sign another 12 month AST (would prefer the contract roll into a Statutory Periodic Contract with 1 month notice). What are my options?
o What are my options if I want to contest the rent increase?

Thanks VERY much for your help!

It is not illegal for your LL to begin marketing the property, however he cannot force you to allow viewings (if you withold consent for this) unless he obtains a court order.

Nor is he obliged to allow the tenancy to 'roll over' into an SPT; he is within his rights to serve you s21 notice requiring possession to expire at the end of the fixed term (as long as he gives you at least two full months notice).

Have you requested an SPT? If so, and LL refuses, there is really not much you can do except sign another AST.

You can object to a rent increase, but the LL is within his rights to impose it - if market forces mean he can easily re-let at the increased rent, I'm afraid you may lose the property.

Snorkerz
22-03-2010, 22:45 PM
When your fixed term expires, you have 2 choices...

1) Leave (no need to give notice)
or
2) Stay - you tenancy will automatically become a Statutory Periodic Tenancy. As you have been given sufficient notice then the increased rent will apply.

The tenancy agreement may make you liable for an 'contract fee', however you can not be made to sign a new tenancy agreement. If you chose not to sign a new agreement, you will be served notice under section 21 of the 1988 Housing Act.

I can not see they are doing anything wrong by trying to get a new tenant if they do not know that you are going to stay beyond the end of your tenancy agreement, however, at no point do you have to allow your landlord, their agents or potential new tenants to enter the property without your express permission.