UK Landlord Forum / Life

Hi, I purchased a flat with tenant in situ January, all has been well in the change over etc and the tenant is DSS as suffers with Bi-Polar.  However the tenancy agreement that was in place came to an end some weeks ago, I prepared an new tenancy agreement to replace this with for 6 months at the same rent and attached a letter advising it was only for 6 months as at the next tenancy review the rent would be going up slightly - therefore giving them 6 months notice of a small rent increase and that the next agreement after this one would then be a 12 month agreement.  Weeks went by and nothing was returned, I tracked it and it was delivered, I text my tenant to request they return the signed agreement asap, still nothing, I have tried to call them today to request again, no answer, I have text again.

What should I di if they do not return the agreement and continue to ignore my messages and calls ....

They actually have no obligation to sign a new tenancy agreement. You have stepped into the previous Landlord's shoes.

You can request politely that they do so... but they don't have to.

You say the tenancy agreement came to an end some weeks ago, but it didn't, really... the existing tenancy continues but it is just the fixed term that has ended... the tenancy now continues as a SPT, with all the same terms.

Be careful of contacting your Tenant too frequently, via different mediums, you certainly don't want to be accused of harassment.

Have you formally informed the Tenant that you are their new Landlord, as per your obligations under the Landlord And Tenant Act, 1985, Section 3?

Hi, thanks for the reply, I introduced myself in January by letter, then I went and met him and went with him to the Council to produce the relevant details so that the council would pay me direct because of his bi-polar.  The tenancy agreement that was in place then ran out so I created a new one with the same details, ie same rent but for a 6 month term and attached a letter advising that when the new tenancy ended that the rent would be increased and would then provide a 12 month if required.  I just wanted to give him a good length of time to adjust to me as his Landlord and thought I was being 'helpful' by advising that in six months there would be a rent increase.

What should I then be doing ... or how can I go about increasing the rent at such a time.  I only became a landlord in January to DSS tenant for the first time.

The tenancy agreement doesn't "run out" though. The fixed term may come to an end, but the tenancy continues with the same terms and conditions, just as it was before... it's then called a Statutory Periodic Tenancy.

If you want to increase the rent then this can be done either by agreement, by following some clause that may be written into the tenancy agreement (which is still in force) or by utilising a Section 13. Whether the Tenant is a "DSS Tenant" or not would make no difference to this aspect.

It seems like you have a communication breakdown more than anything else. Maybe the Tenant doesn't respond well to receiving official looking things by post? If you have met the Tenant previously and everything was OK, is there a reason that can't be done again? Likewise, if the Tenant is aware you want to raise the rent, they may be concerned about that and be putting their head in the sand? What you thought of as being helpful may have been perceived quite differently from the other side, who knows, that is mere supposition.

Hi, the only reason I did not take the tenancy to them is purely the distance as it's about a 45 minute drive away.  I'll have a look into the Section 13 to see if I understand how to achieve it, as for the tenancy agreement that was in place when I purchased the property it was a 6month Assured Shorthold Tenancy Agreement and after just reading it all it says absolutely nothing about an rent increases, only states about 2 months notice if they wish to leave etc.

Sorry if I sound a bit 'thick' on this matter but it's a bit hard to understand as a 'newbie'.

I appreciate the comment on him receiving official letters especially as he has bipolar, just not sure what to do, do I just then send notice 2 months before I want the rent increase.

On a SPT , the Tenant must give at least 1 month notice to leave... 'your' tenancy agreement can't override statute by insisting on 2 months. You, as Landlord, must give the Tenant at least 2 months notice to leave, via a Section 21.

As your tenancy agreement says nothing about rent increases, then you could go the Section 13 route. Or try to do it by agreement. It sounds like you've had most success communicating with the Tenant face-to-face? Your letters, texts and calls appear to have been ignored? Don't be fearful of these prescribed forms, that's all they are... a means of communicating your intentions with your Tenants in a prescribed manner, so a Section 13 notice must contain the relevant information as defined by the law, but at the end of the day it's just a letter informing the Tenant that you want to put up the rent.

I have had to do a "level-set" in the past with a Tenant... I had to sit down and explain what I expected as acceptable communication in our 2-way relationship. It wasn't a a tough conversation in any way, shape or form and certainly not threatening, just two people sitting down and agreeing what we wanted to happen going forwards. Prior to that there had been little or no communication from the Tenant and patchy rent payments... I concluded my Tenant really didn't think "it mattered" to me, so just had a lackadaisical attitude towards it.

45 minutes is not that long a journey.

Just remember.

A fixed term agreement of 6 months.

6 months min.

Could go on for 20 years, as the law allows it to become "periodic"

Same agreement.

Have you sorted out the deposit with the old landlord, and made sure its protected?

I know I couple of Bi-polar people, and there paperwork is Shit! Dont take it personally.

Thank you all, helped me understand a little more.

I'll send him a letter soon to advise a date that I will come over for a chat to see if that helps. As for the deposit ... there was none, the property was a repossession and purchased at auction, I was more worried about the tenant who was still in it paying and as he was DSS and had Bi-Polar did not want to 'rock the boat' so did not take any deposit and assume he hadn't given one before as he never mentioned it.  Therefore as it stands the Council pay the rent every 4 weeks and that's it, it was a house with 2 flats, I successfully rented the upstairs flat to another DSS with great family support who have gone guarantor and taken a deposit and put it with one of the correct backed 'holders' - sorry still cannot remember the correct name of them !

I'll go and see if I can see him direct and give him notice by letter so he knows I'm coming otherwise he may not answer the door - he may choose not to anyway but hey ho.