Advice re renting

Marchbride

Hi all,

We have been renting the same property for four years. The agency working for our LL have always been lax around the signing of new lease ie for dec last yr we signed it in march '13. Anyways this time around they were early as in last thurs. the agent rang straight through to my voicemail asking if we want to renew the lease which is due on 1st dec? I found this strange given previous yrs and their delay in getting back to us re renewal. Anyhow I rang back, got voicemail but said we were going to renew. Then emailed mon to say the same. She replied back saying she had just gotten an email from LL who lives in oz saying they want to increase rent and what do we wanna do?. Found this so funny and coincidental as all day the news was about rent increases so I was suspiciously thinking that the agency are trying to pull a fast one. They couldn't be though... Could they???!
Now I said no to the increase. So am awaiting a reply. But also we are saving for a house which we are hoping to get before April. What are our options if any here? We don't want to lose our tenancy here until then. But we also don't want to sign a lease where we won't get our deposit back if we leave mid yr? Just to add the reason we said no to increase is as we've been here 4 yrs (will be 5 next mth) we've never looked for a change in rent, we've maintained property ie painted and updated every bedroom, kitchen living rm n dining rm, put down new floors in kitchen n dining rm and gen maintenance without annoying LL. they've never had any issues with us. I know rent has to fall within prices around the area but there are none to look up on daft.
Welcome any advice, thank you

whomitconcerns

did you not post this exact query a week ago? If not someone else has the exact same problem word for word

Marchbride

whomitconcerns wrote: »

did you not post this exact query a week ago? If not someone else has the exact same problem word for word

Hi whomitconcerns,
Nope wasn't me but have looked through last weeks posts and didn't see it??

whomitconcerns

weird..i saw that myself was looking for it. exact same sit..they looking to but..foreign landlord..rent increase..agency involved...will link if i find it...but I could be just confusing lots of threads and gone mad....will keep an eye out!

Good luck

Marchbride

whomitconcerns wrote: »

weird..i saw that myself was looking for it. exact same sit..they looking to but..foreign landlord..rent increase..agency involved...will link if i find it...but I could be just confusing lots of threads and gone mad....will keep an eye out!

Good luck

Lol that's mad sounds very similar alright am hoping its not the same agency as then I'm supersuspicious thank you WIC

djimi

The landlord is well within their rights to ask for a rent review. How much they want to increase by depends on the market rent rate, but if you havent had an increase in four years then chances are its probably justified at this stage.

There is nothing to be suspicious about; its all perfectly legal and you being a good tenant etc does not change that!

Its not something that you can say no to. Your choices are to either accept the increase, not accept it which means giving notice and moving out, or disputing it through the PRTB, where they will determine if its fair. If you dispute it then you continue to pay the current rate, but if they find against you then you must pay the difference backdated to the time of the notice.

To increase the rent, the landlord must give you valid written notice 28 days in advance. A casual email saying they want a rent increase is not sufficient I dont think; it must be formal notice stating the increased amount and the date that the increase is to take effect (no less than 28 days from when you recieve the notice).

Marchbride

djimi wrote: »

The landlord is well within their rights to ask for a rent review. How much they want to increase by depends on the market rent rate, but if you havent had an increase in four years then chances are its probably justified at this stage.

There is nothing to be suspicious about; its all perfectly legal and you being a good tenant etc does not change that!

Its not something that you can say no to. Your choices are to either accept the increase, not accept it which means giving notice and moving out, or disputing it through the PRTB, where they will determine if its fair. If you dispute it then you continue to pay the current rate, but if they find against you then you must pay the difference backdated to the time of the notice.

To increase the rent, the landlord must give you valid written notice 28 days in advance. A casual email saying they want a rent increase is not sufficient I dont think; it must be formal notice stating the increased amount and the date that the increase is to take effect (no less than 28 days from when you recieve the notice).

Djimi thanks for reply and absolutely agree with you re rent increase but the manner in which its being done is what is off putting.. As in ringing me last thurs asking if we want to stay on, we say yes.. Then nothing for five days, I email to confirm she got my voicemail then she casually throws out there re increase.
Argh personally it's a lil niggling as when we moved in it belonged to the parents who very sadly passed within months of each other and now the son and daughter own it and this is extra wages to them they don't have to pay anything for it. I know this as the neighbours who are wry close to them told us this. Now don't want an opinion on this, I know it's their inheritance and they can do what they want with it. It's just how I see it.
Will get onto PRTB, as we'd ideally not like to get into a contract but stay for 4-6mths so will see if this is possible at all.
Thanks again for your reply

djimi

I suppose the agency is just a middle man, and they themselves may not have been aware of the rent increase until they went back to the landlord.

Its best not to think about the reasons why there is an increase; just bear in mind that its business and not personal! If rents are rising in the area and the apartment would be worth more to the landlord if they rented to someone else then its understandable that they would try and get an increase out of you.

Whether or not to sign the lease is going to be tricky for you this time around. Ordinarily I would say dont bother signing a lease at all if you dont plan on being there for the full 12 months, however as you are there 4 years you can be asked to leave for any reason with 112 days notice while in the first six months of your fifth year under the rules of the part 4 tenancy (which take effect when no fixed term lease is in place). You may need to play this one carefully; if you sign the lease then you are bound to the property for the duration, and if you dont sign then you can be asked to leave.

The_Morrigan

Djimi that 112 days notice works both ways doesn't it? So the OP would have to give the same?

djimi

The_Morrigan wrote: »

Djimi that 112 days notice works both ways doesn't it? So the OP would have to give the same?

The OP would need to give 56 days. Basically its just terminating under the part 4 tenancy.

The_Morrigan

djimi wrote: »

The OP would need to give 56 days. Basically its just terminating under the part 4 tenancy.

Ah yes that's the number that escaped my weary brain!

OP get onto the agents and tell them your plans regarding the house. See if they can organise a short term lease.

murphaph

I think it's unlikely that they'll be asked to leave if they refuse to sign a new lease and simply carry on under Part IV. I would however pay the increased rent to keep the LL sweet and to deflect from the not signing the lease issue. If you kick up a fuss about the rent AND refuse to sign a lease, then I could see the LL requesting you to leave as soon as the 5th year begins and the 6 month clock starts ticking).

djimi

Youre probably right in saying it would be unlikely that they would be asked to leave (unless they kick up a fuss about the rent maybe), but the problem they face is that if they were asked to leave then it would be very hard to find a new rental that will allow them the flexibility to move if and when they want to next year. Its just something to bear in mind really.

Marchbride

Sorry guys I didn't get any notifications to the new replies :-/ thanks for them. Yep am thinking we should tell agency of plans and hope they'll come to a short term agreement? We don't want to luck up any fuss at all and never have done and if you lived in the property you prob would do as its so old and needs alot of work. The owners husband said the same when they visited last month. But we just got on with it and never fussed so they know we wouldn't do the same. We have a 1 yr old and 5 mth old so moving somewhere else to rent is not an option. We really are hoping to buy somewhere around April. But we don't want to mess LL around and we don't want to lose our dep :-/