Rental contract query

[Hellsbells]

I'm currently renting a flat on a yearly contract. The contract expired last month & I've had no contact with the letting agency about renewing it. They're still taking my rent, but at present, I'm living in my flat with no contract.

Last year, the same thing happened, so I approached the agency myself, reminding them my contract was about to expire and asked for a renewal. That was all fine, however, they decided my rent should increase.

I really don't want another rent increase & I'm pretty sure they'll enforce one if they have to do me up a new contract. So basically what I'm wondering is - shall i just keep quiet & avoid a potential rent increase? Or is the fact I have no contract really bad, leaving me with no rights should anything happen....?

 

[Badgers]

Have you read the contract through carefully?

Some allow for a 'rolling' contract at the end of the standard one year contract. Typically on these the tenant can give 1-2 months notice at any time and the landlord must give two.

 

[Hellsbells]

Have you read the contract through carefully?

Some allow for a 'rolling' contract at the end of the standard one year contract. Typically on these the tenant can give 1-2 months notice at any time and the landlord must give two.

Yeah, think that's what i have. But what would you advise me to do though?

 

[TopCat]

You now have a periodic tenancy. You have to give one months notice and the landlord two months. Just as much security for you and less for the land lord.

 

[Hellsbells]

Ok, so should I just do nothing then? I want to stay in my flat, I don't want to move out. I just don't want a rent increase, which i know the agency will enforce once they're reminded I still exist.

 

[Badgers]

Yeah, think that's what i have. But what would you advise me to do though?

How long do you want to stay there?
Mine has just ended and we are renewing on the same terms with no increase.

The worry is not your rights here as the agent is responsible.

If you want to stay another year then I would suggest contacting the agent. There is a risk of a rent increase but the other risk is that the landlord can kick you out (with 2 months notice) any time now you are out of contract.

Do you know the landlord?

 

[quimcunx]

Yes. do nothing.

Except maybe keep the curtains closed and use a torch to move around at night.

 

[Hellsbells]

How long do you want to stay there?
Mine has just ended and we are renewing on the same terms with no increase.

The worry is not your rights here as the agent is responsible.

If you want to stay another year then I would suggest contacting the agent. There is a risk of a rent increase but the other risk is that the landlord can kick you out (with 2 months notice) any time now you are out of contract.

Do you know the landlord?

No idea who the landlord is. Apparently he's some millionaire who owns numerous houses in my area and lives abroad somewhere on the money.

I'll need to stay in my flat until at least next summer

 

[Puddy_Tat]

Assuming you're in England (landlord & tenant law is different in different bits of the UK), that you moved in after 1997, and you have a self-contained place (i.e. not renting room/s in the house the landlord lives in) then you probably have an "assured shorthold tenancy"

The 6 months / 12 months thing is a minimum term, not a fixed term.

The idea that you absolutely must have a new tenancy agreement as soon as that term is up is a load of bollocks put about by parasite letting agents* so they can screw money out of both landlord and tenant for 2 minutes work producing a standard document.

Likewise, the landlord is allowed to put the rent up after the initial term, but doesn't have to.

Unless the agreement specifically states that it's a fixed term tenancy with no scope to extend the deal, the chances are that what others have said is right, and that it's now a rolling tenancy. Your landlord can give 2 months' notice at any time for any reason (i.e. you don't have to do anything "wrong" to get notice given) but otherwise, if you're paying the rent on time and not wrecking the place, he's probably quite content with you being there rather than turfing you out, having an unknown time with no rent coming in while they re-let it, and a new unknown tenant who might be a pain in the arse.

You may want to think about rattling the agent's cage about requirements for an annual safety check on gas supply / appliances though.

Assuming you are in an assured shorthold tenancy, this from shelter has more about it all.

* for legal reasons, i should make it clear that i'm not saying all letting agents are parasites. i am told there might be decent ones out there somewhere. probably under the flight path of pigs, but still...

 

[Hellsbells]

Well, this morning i had a letter that's really stressing me out & couldn't have come at a worse time. It's been sent from my agency, who unfortunately hadn't forgotten about my existence atall, as my landlord is apparently proposing a MASSIVE rent increase starting from January. I currently pay £725 a month which is already a struggle as I only work 4 days a week. He wants £800. I REALLY can't afford it. I like my flat but it's hardly in good condition. Have no double glazing, the windows are practically rotting away & it's freezing in winter. The front window doesn't even lock properly.

It says in all these forms i've been sent, that i can discuss the rent increase with the agency/landlord or refer the case to the local rent assessment committee. Don't really know what to do. I tried to argue my case against a rent increase last year, but was just told that houses in similar conditions to mine had also had their rent increased, so my increase had to be in line with theirs & that was that.

Help!!!

 

[Puddy_Tat]

This (from Shelter) has more about rent assessment committees, but the big warning is that (assuming it's an assured shorthold tenancy) then the landlord could give you notice to quit at any time for any reason, and you 'causing trouble' (their viewpoint) could cause them to give that notice.

As could the committee finding in your favour.

How does the rent compare to what else is available in your part of the world? That's the main thing the RAC would be looking at. I don't know whether a 10-ish % increase would be considered "excessive".

Shelter recommend seeking proper advice before setting the wheels in motion.

And from a practical point of view, what's demand for rental places like round where you are? mouseprice.com gives an indication how long a place has been on the market (or at least how long that agent has had it on the market)

Is it going to be cheaper for you to pay the rent increase for a few months or have the costs of moving?

 

[Badgers]

Well, this morning i had a letter that's really stressing me out & couldn't have come at a worse time. It's been sent from my agency, who unfortunately hadn't forgotten about my existence atall, as my landlord is apparently proposing a MASSIVE rent increase starting from January. I currently pay £725 a month which is already a struggle as I only work 4 days a week. He wants £800. I REALLY can't afford it.

What is hard is that the demand for rentals is pushing up prices. Putting up your rent 10% is really harsh and I would guess that comes from him and/or the agency looking at what other flats are getting per month.

The agent would rather kick you out and charge the landlord a fee (normally one months rent) to find new tenants. If they tell the landlord you should be paying £800 or another tenant will he will probably just try it. The reality is that with the agents fees he would be no better off if you leave and new tenants arrive paying £800. The only way the landlord would benefit is if you increased rent. I would suggest the following plan of action:

Try not to stress too much. Start looking at your alternative options should the worst happen so you feel a bit more organised. Don't rush to reply to the letter, let them send a second or follow up by phone or email. When you do respond write them a letter or email stating that following an increase the previous year you feel £800 per month is unreasonable and ask them to reconsider.

This £800 is not the final word, it is an opening negotiation by one party. At worst I would think you could meet them halfway on this amount which (while not nice) is a start at least.

I like my flat but it's hardly in good condition. Have no double glazing, the windows are practically rotting away & it's freezing in winter. The front window doesn't even lock properly.

I hope you have logged all these things? Taken photos?

 

[Hellsbells]

hmmmm. Have just sent an email to the agency before having read your reply, badgers.

I tried to be reasonable (which was hard!) - said i appreciate they have to increase my rent but hoped the amount could be negotiated & re-considered. I pointed out all the problems i have in the flat & the fact I'm a perfect tenant, pay rent on time etc. I suggested my rent be increased to £750 p/month, which is a £25 increase, the same as it was last year. I could just about afford that.
£800 is impossible. But there's no way i can even consider moving at the moment - in my final year of a pgce, have huge financial constraints atm, massive family issues going on....the mere thought of moving on top of all that just makes me want to cry

 

[Hellsbells]

do you work in housing badgers? Do you have any idea if £800 is reasonable rent for a small 1 bed flat in Walthamstow, 25 mins from a tube station, no double glazing, old, rotting windows, only part furnished (very basically), not at all modernised. I mean, despite all the problems it is nice here, but surely it can't really be worth £800 a month?

 

[Badgers]

I tried to be reasonable (which was hard!) - said i appreciate they have to increase my rent but hoped the amount could be negotiated & re-considered. I pointed out all the problems i have in the flat & the fact I'm a perfect tenant, pay rent on time etc. I suggested my rent be increased to £750 p/month, which is a £25 increase, the same as it was last year. I could just about afford that. £800 is impossible. But there's no way i can even consider moving at the moment - in my final year of a pgce, have huge financial constraints atm, massive family issues going on....the mere thought of moving on top of all that just makes me want to cry

Have you previously logged the problems?
I know it is a bit shitty but raising these as a reason not to raise rent is not a big help.

I would have started by offering nothing Hellsbells but £25 is not a bad start point. See what they say.

 

[Badgers]

do you work in housing badgers? Do you have any idea if £800 is reasonable rent for a small 1 bed flat in Walthamstow, 25 mins from a tube station, no double glazing, old, rotting windows, only part furnished (very basically), not at all modernised. I mean, despite all the problems it is nice here, but surely it can't really be worth £800 a month?

Best thing to do is check Rightmove. One street can be priced differently to the next and looking at rental prices won't give you any idea of the internal/window/furniture issues. Simply what places are listed for.

Try this link:
http://www.rightmove.co.uk/property...ION^85310&insId=1&minBedrooms=1&maxBedrooms=1

 

[Hellsbells]

Have you previously logged the problems?
I know it is a bit shitty but raising these as a reason not to raise rent is not a big help.
I would have started by offering nothing Hellsbells but £25 is not a bad start point. See what they say.

well my email crashed so the email to the agency never got sent, so i can make some changes, or hold off sending it (i'm reluctant to do that though bcos i really want it sorted asap)

are you saying that having a flat in really bad condition has no effect on whether they raise my rent or not? I thought that would directly affect it...? Isn't it pretty standard these days for rental flats to have decent, non-rotting double glazed windows?
Yeah, I did mention the problems to the agency last year. They just ignored me!

 

[Hellsbells]

Ok, just checked rightmove. It seems the current average rental price in my area is actually around £800 p/mth However, all of these places have double glazing, brand new looking cookers, modernised, laminate flooring etc. I have none of this.

 

[Badgers]

are you saying that having a flat in really bad condition has no effect on whether they raise my rent or not? I thought that would directly affect it...? Isn't it pretty standard these days for rental flats to have decent, non-rotting double glazed windows?
Yeah, I did mention the problems to the agency last year. They just ignored me!

I am not saying that Hells. Simply that looking at what prices other places are being offered at might make agent/landlord think they should/could be getting more. Looking on Rightmove (as above) will tell you what prices similar size/location flats are listed for but not detail the condition. It is normal for rental flats to have decent, non-rotting double glazed windows.

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