UK Landlord Forum / Life

Apologies as this is rather long but here goes 

I have been renting my flat for almost 5 years. I've never had any issues with my rent increase in the past here but a new letting agent took over recently, and when my tenancy was up for review at the end of October, they tried to increase my rent by 12.6%. I challenged it and managed to get it to 8% which is still ridiculously high as before it only ever went up by 2%, this is all just a bit of context so you can understand the new letting agency am dealing with.

  
As I said I was going to leave the property in April next year, I assumed they would draw up a 1 month rolling contract; they are extremely unorganized. The new rent would start from December, around mid Nov one of the agents sent me an email saying I would need to sign up to a website called 'goodlord', after which I would recieve my new contract to sign with the new rent.


I did exactly that and waited for my new contract to sign. I obviously didnt chase this up as it was upto them to check that I had registered through the link to 'goodlord' and send me this new contract. Roll on to mid to late December I get an email from the dept department saying they are missing money from my rent. I had not changed my rent to the increased amount as I was still waiting for this contract to come through. I emailed straight back to say I had done what was asked and was waiting for the new contract.

  
Now, as I said this office is very unorganized,  they often ignore my emails (they have ignored me several times when I told them I was burgled). So I knew that with the holidays coming up I wouldnt get a reply till at least the start of January. 3rd January I get a reply, Im told that her colleague made a mistake and that it wasnt the correct process. There were a few emails back and forth and I kept saying that I wont pay the increased rent until the contract is drawn up and I've signed it. In her last email she said:

  
' As I have mentioned, there is no assured short hold tenancy that can be drafted for less than 6 months therefore the only way we can keep you on the tenancy is by leaving it rolling. I am more than happy to draft and send a tenancy agreement for you but the tenancy end date will be May and not April ,would you like me to do this for you? '

  
Firstly, does this mean that if the contract stays rolling it cant be increased as it's the same rent and contract I was already on? Secondly If im leaving in April. The best option is to have a new contract with the rent increase on it and I give 30 days notice before leaving like any normal tenancy would end? 

I was hoping someone could give me some advice here if Im legally in the right and if the managers colleage made a mistake by giving me the wrong process then surely that's their wrong doing. They should've recognised that mistake instantly but instead its taken them nearly 2 months and those 2 months were meant to be with the increased rent.

I've just got an email from the letting agent just now:

'As mentioned previously multiple times we cannot send an agreement for a tenancy that is shorter than 6 months.If you would like to sign a tenancy then I can draft and send you an agreement for 6 months however as you have stated that you wish to leave by April to accommodate your needs we left you on a rolling contract.'

This is regurgitated bs again. If they leave me on the same rolling contract then surely that means I pay the same rent and it's not increased? This is exactly what I mean about them ignoring me. I have said if I'm left on a rolling contract then it's the same contract as before and that contract does not have the rent increase. Sorry guys this is so frustrating. Either I'm being very very stupid (although I'm being super careful as this can all affect my credit score etc..) or this letting agency is completely undermining everything I've said.

There's no reason a new tenancy agreement can't be for less than six months, although that might be a policy of the agent.

There's no need for a new contract for a rent increase.
If you want to leave in April, a rolling periodic tenancy is appropriate and you should be paying the new rent that you've agreed to.
Any rent amount that you have underpaid is owed since the date it was meant to start.

Quote from: Giudicelli on January 05, 2023, 10:02:01 AMI assumed they would draw up a 1 month rolling contract...

This is the crux of the matter.

There is no need for a new contract of any kind. A fixed term AST moving to a monthly rolling SPT, either with a rent increase or not, doesn't need a new piece of paper, or a new signature. It just needs agreement - which you have reached.

If you are demanding a new contract - based on your incorrect assumption - then you should realise two separate things - 1) your demand isn't based on anything but the demand itself, and 2) yes, the Agent might have some kind of policy or misunderstanding - or whatever - that the new contract needs to be for a minimum of 6 months, and you could be running into this admin. failure.

But the truth of the matter is - you can just agree the new rent and pay it - through not just doing that you are creating / causing work where it is not needed.

Suggestion: Just stick where you are, with no new signatures or contract, pay the rent that you agreed (the +8%, instead of the +12%) and leave when you want to leave in April. Job done.

It's entirely your decision whether you want to 'fight' for the same rent over some months - but your assertion "If they leave me on the same rolling contract then surely that means I pay the same rent and it's not increased?" is 100% not correct... I have been increasing rent - by agreement - with Tenants for years. No new contract is needed. Nothing signed. Even formal Notices are not needed. All that's needed is for agreement to be reached and the new rent to be paid. Then it is established.

Seems to me that you reached that agreement point back in October. Note, I said agreement point - the new rent is not established as you've demurred in paying it, despite negotiating it and agreeing to it, because you've mistakenly been asking for a new contract - due to your own misunderstanding or intransigence.

I don't often stick up for L.agents,but you totally misunderstand the situation regarding periodic (rolling) tenancies,and the circumstances in which rent can be raised.You owe the rent from the time you agreed to 8% increase,and they do not have to issue a new contract to enforce this.I also wonder why you are expecting them to take action regarding burglaries? Unless they had failed to replace a broken door or window,that is not part of their duties.The police and your insurers should (but possibly won't) get involved.

Just noticed " I give 30 days notice before leaving like any normal tenancy would end?".
I don't know of any tenancy that would have 30 day's notice for a tenant, it's possible, but it would be very unusual.

If the tenancy is monthly, which it sounds like, the notice is going to be a minimum of a month - and, if it's a periodic tenancy created outside of the last written tenancy agreement, it will have to finish on the end of a rental period.
If it's a periodic rental created by the tenancy agreement, it will be as long as the notice period in that agreement.

As the OP says "like any normal tenancy" I suspect there's assumption occurring, again, here.