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bobbybobster
12-10-2011, 11:09 AM
Hi, I have today had a letter from the managing agents to inform me that the rent is being raised from 27th November and there is a administration charge of £36 for drawing up the fresh AST paperwork.

Is this fair ?

MrJohnnyB
12-10-2011, 11:39 AM
Are you landlord or tenant? What does your agreement say regarding payment of landlords costs?

bobbybobster
12-10-2011, 16:04 PM
I am the tenant, and have read the agreement and can't find a mention of increases.

The way I am looking at it is, the agent/landlord has requested a raise and it's reasonable, going from £595 to £615 but I don't see why I should pay the renewal fee.

oaktree
12-10-2011, 16:38 PM
Suggest that you are happy for the increase and to continue renting but you want to do so on the basis of a periodic tenancy. The agent can only charge you if they are actually preparing an agreement.

If they insist on a written renewal then tell them, and the landlord, that you would rather leave than pay the £36 - I bet they'll change their minds. The property only needs to be empty for two days and he's already lost more than £36 in rent.

bobbybobster
12-10-2011, 17:40 PM
Thanks for that reply. Does it not need a new agreement then if the rent has gone up ?

Snorkerz
12-10-2011, 20:04 PM
Is your current tenancy coming to the end of it's fixed term?

If so, you have a choice. At the end of the fixed term you can either:

1 - Agree a new contract - which seems to attract a fee - although I would argue the fee is unenforceable.
2 - Stay on the current contract at the same rent on a month by month basis (see section 5 of the 1988 Housing Act)
3 - leave

If you choose '2' the landlord can increase the rent by serving you with a section 13 notice.

bobbybobster
13-10-2011, 10:40 AM
Thanks for your reply, we have been on contract since feb 2009 so are on periodic.

What I am asking is, if the rent is being raised does there have to be a new agreement drawn up ?

Also if we are served with a section 13 notice does that suffice as a new agreement ?

Mrs Mug
13-10-2011, 11:32 AM
What I am asking is, if the rent is being raised does there have to be a new agreement drawn up ?

No. You and your landlord can mutually agree to a new rent, or your landlord can serve a Section 13 to raise the rent.




Also if we are served with a section 13 notice does that suffice as a new agreement ?

No. A Section 13 is used to raise the rent during a periodic tenancy.

PaulF
13-10-2011, 14:03 PM
I suggest you read the information on the Governments website www.opsi.gov.uk which will tell you how the S.13 (Form 4B) operates and how you can appeal. There's almost certainly guidance on this website too so use the search facility or look on the home page.