Landlord intends to increase rent

alph

Hey folks,

Quick question regarding rental lease / new rules around the rent increase being locked in for two years.

About 7 months ago now, I moved into an apartment with my OH and both signed a lease.

My OH had lived in this apartment for the previous year but i did not.

My question is, if we both signed a new lease, does the rent stipulated in that lease get 'locked in' so to speak for two years?

_Kaiser_

I'd assume that the 2 years starts from the date that the latest lease was signed and can't be reviewed until 2 years after that

Gatling

_Kaiser_ wrote: »

I'd assume that the 2 years starts from the date that the latest lease was signed and can't be reviewed until 2 years after that

But surely adding a name to a lease when one was already living there won't make a difference

Sarn

I would be of the view that the original tenancy start date is what the two year period would be based off. Unless the rent was changed 7 months ago (which would have been illegal). I signed a new lease this year but the rent will not be reviewed until next August, which would be two years after the review in 2015.

Edups2.0

Adding a tenant isn't the same as writing up a whole new lease. It's just amended to reflect you moved in and the rent can be reviewed this year as long as it's been two years since your OH moved in.

Now if the date on the least is dated 2016 and both your names are on it your landlord cannot raise the rent.

So say your lease is

"Mr Xand Ms Y will be renting this property date commencing May 2016"

Then I imagine he is stuck for 2 more years.

Sleeper12

_Kaiser_ wrote:

I'd assume that the 2 years starts from the date that the latest lease was signed and can't be reviewed until 2 years after that

I think the rent can be increased every 24 months. Can't see how a new tenant would change this. I could see rents in some premises never going up if this were the case

the_syco

alph wrote: »

About 7 months ago now, I moved into an apartment with my OH and both signed a lease.

As they both signed it, I'd be thinking that it was a new lease?

_Kaiser_

the_syco wrote: »

As they both signed it, I'd be thinking that it was a new lease?

That's my read too... They both signed a new lease when he moved in and this would supersede any previous lease between his OH and the LL

It doesn't matter if it's a new lease or not, you can raise the rent even if it was a new lease (once the rent wasn't raised at the time of the new lease). It's not a new tenancy and that's what matters, the tenancy began when the ops oh moved in.

alph

It is indeed a new lease, dated in 2016, that we both signed. I was not added to an existing lease.

Meadow Rough Tension wrote: »

It doesn't matter if it's a new lease or not, you can raise the rent even if it was a new lease (once the rent wasn't raised at the time of the new lease). It's not a new tenancy and that's what matters, the tenancy began when the ops oh moved in.

In your example here, what would happen if...
Landlord rents apartment to two tenants in 01 Jan 2015
Both tenants then move out on December 31 2015
Two new tenants move in on 01 Jan 2016

What happens the rent here? Is it still locked at the 01 Jan 2015 level for the new tenants until 01 Jan 2017? If so, how would they even know what the previous rent was?

Graham

alph wrote: »

It is indeed a new lease, dated in 2016, that we both signed. I was not added to an existing lease.



In your example here, what would happen if...
Landlord rents apartment to two tenants in 01 Jan 2015
Both tenants then move out on December 31 2015
Two new tenants move in on 01 Jan 2016

What happens the rent here? Is it still locked at the 01 Jan 2015 level for the new tenants until 01 Jan 2017? If so, how would they even know what the previous rent was?

New tenancy would exist from 01/01/16. New rent could be charged.

As your OH was already a tenant it looks like Frederick Tiny Podiatry is correct. Your OH's tenancy has continued, you are an additional tenant.

Baby01032012

As poster above has said a lease cannot over rule part IV rights that your partner had re security of tenure, a new lease may be signed but the actual tenancy commenced when your partner moved in.

There's a separate argument that you can not be given notice at 1 yr 7months, most of the arguments on here would suggest that the landlord needs to wait 2 years before giving notice.

alph

alph wrote: »

It is indeed a new lease, dated in 2016, that we both signed. I was not added to an existing lease.



In your example here, what would happen if...
Landlord rents apartment to two tenants in 01 Jan 2015
Both tenants then move out on December 31 2015
Two new tenants move in on 01 Jan 2016

What happens the rent here? Is it still locked at the 01 Jan 2015 level for the new tenants until 01 Jan 2017? If so, how would they even know what the previous rent was?

As other have said the above scenario is a new tenancy so new rent can be charged but in your case it's not a new tenancy but an addition to the tenancy started by your oh.

Some LL have their tenants sign a new lease every year, if you move in on the 1/1/2016 and then sign a new lease with your LL on the 1/1/2017 this has no impact on the LLs ability to raise your rent in 2018.

alph

I always find this stuff confusing but thanks for the responses and clearing things up for me.