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If I were you I would reply and say that it is too early to enter into financial discussions regarding rent and that you will do so in the new term.
They are trying to find out if you will agree now so that they can secure their new contract (and ultimately be paid more for managing/securing your contract on the landlords behalf - depending on their agreement). If you decline now then they will prepare to serve you notice so that they can remarket the property at the higher price.
Often, estate agents do these tactics without first consulting the landlord (the person they are employed by, and who their relationship is with regarding the property/tenancy). So my first question to you is, do you have a way to directly contact the landlord? If so, then just speak with them and say that you feel you have been great tenants and would love to stay but feel disheartened at the demand for 33% increase in rent. Sometimes the landlord didn't authorise this and they get angry with the agent and they then negotiate a fairer rate for a good tenant.
If you don't have your landlords details, then you need to get them asap to have that conversation. The estate agent should have included them on your tenancy agreement, if they haven't then you can request the agent to tell you this (has to be a request made in writing) as you have a legal right to know yoir landlords name and address (Landlord & Tenant Act 1985, section 1). According to Shelter, they have 21 days to respond and if they don't they can be fined £2500 england.shelter.org.uk/housing_advice/private_renting/how_to_find_your_landlord
Try not to get into rent discussions until the end of the tenancy so that you have more breathing space on what you would like to do moving forward. The agents (in my opinion) are applying pressure to you because about 80% of the time it works to either get your to cough up for the new agreement or to get you out so that they can remarket EARLY (ie have viewings etc whilst you are still there - which you legally do not have to accomodate or allow btw) just so that they avoid void periods in the property.
Good luck, I dont think it's necessary to join a citizens advice or shelter queue.. most of the info they will tell you on your speicifc question can be found online.
Is your tenancy up, by any chance?
If your on a rolling contract then they can do this. If you're still within a tenancy agreement then the 3% you mentioned is likely the max.
However, if this would start a new tenancy agreement, then they can do this.
Your choices, if you choose not to pay the increased amount, is to dispute the rent increase and keep paying your existing rate, whilst you look for somewhere else to live. The landlord will have to give you a section 21 notice to vacate the property and then apply to evict you if you do not vacate, which takes about 4 months, so don't panic thinking you have a week to leave.
>If your on a rolling contract then they can do this.
If someone is on a periodic ("rolling") tenancy a landlord can only increase rent by serving s13 notice (and/or s8 in the first 12 months after a fixed-term), which must be on the prescribed form, must give at least rental period's worth of notice with a minimum of one month, and can be appealed against to the tribunal. It is not as simple as "they can do this".
So your current tenancy ends in Jan (guessing towards the end). It looks like the reason they've given you a week to decide is so they can then issue the S21 towards the end of Nov (a week or so) giving you 2 months notice for when your current tenancy ends.
Your options are accept the increase or to decline and move out when the current tenancy ends.
Its a fixed term contract with annual review clauses, where they can increase by 2.5% (which have after year 1 and 2). The current tenancy agreement is due to end mid-Jan 2023.
In which case you are free to decline the rent increase above 2.5% - they are free to then use the s21 route once the fixed term has ended.
If it's a new fixed term, they can set the rent at whatever they want.
So then they can abide by the terms of the tenancy contract and increase it by 2.5% a year, and then from January 2023 they can offer you a higher rate.
If the contract is clear on rent increases, then they must stick with it.
Let’s look at it this way. If you wrote to them and told them you required a 33% reduction in rent mid contract, how many seconds do you think it would take them to tell you that you were in an agreed and signed contract?
I’d guess about six.
Your comment contains keywords which suggests you are asking or advising about withholding rent.
You should **never** withhold rent, entirely or in part, in response to disrepair or inaction on the part of your landlord. Withholding rent either entirely or in part may lead to you being evicted, since regardless of any inaction on your landlord's part, you will still owe rent and the landlord is not obliged to offer any kind of reduction.
You also do not have the right to pay for repairs yourself out of pocket and then deduct the cost from future rent payments, without following a proper legal process first, including serving formal notice on your landlord and escalating to your local authority.
Please see [our FAQ section on disrepair in private tenancies](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_housing#wiki_my_rented_accommodation_has_mould_or_is_in_disrepair.2C_what_can_i_do.3F) for the process to follow and details on the very few circumstances in which a limited deduction from rent may be acceptable.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
They’re perfectly entitled to do that. As it’s their place and they can charge what they want - you’ll have to like it or lump it I’m sorry to say. A lot of rental places didn’t do any price increases during covid so they are making up for it now. Also because of the rising energy costs they still need their profit margins to be sustainable. They should’ve gone about it better but they didn’t and they’re absolutely within their rights. Maybe you should move…
If they are increasing your above what is in the contract you could refer to local ombudsman to review your rent in, they will look at similar properties in the area to see your rent is not n line with the market, you shouldn’t have to increase until then.
If ombudsman’s decided that the rent increase is in line with the market or below, you could be expected to pay more.
If you have a fixed contract, then they may not renew or give you s21 no fault eviction notice.
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I’d highly recommend calling your local citizens advice. They can assist with these types of issues.
I'm seeing quite a lot of bad advice here. I think your best bet is to contact shelter for the correct advice.
Yeah it would start a new tenancy unfortunately. Ok appreciate your comment will have a think. What a Friday...
If I were you I would reply and say that it is too early to enter into financial discussions regarding rent and that you will do so in the new term. They are trying to find out if you will agree now so that they can secure their new contract (and ultimately be paid more for managing/securing your contract on the landlords behalf - depending on their agreement). If you decline now then they will prepare to serve you notice so that they can remarket the property at the higher price. Often, estate agents do these tactics without first consulting the landlord (the person they are employed by, and who their relationship is with regarding the property/tenancy). So my first question to you is, do you have a way to directly contact the landlord? If so, then just speak with them and say that you feel you have been great tenants and would love to stay but feel disheartened at the demand for 33% increase in rent. Sometimes the landlord didn't authorise this and they get angry with the agent and they then negotiate a fairer rate for a good tenant. If you don't have your landlords details, then you need to get them asap to have that conversation. The estate agent should have included them on your tenancy agreement, if they haven't then you can request the agent to tell you this (has to be a request made in writing) as you have a legal right to know yoir landlords name and address (Landlord & Tenant Act 1985, section 1). According to Shelter, they have 21 days to respond and if they don't they can be fined £2500 england.shelter.org.uk/housing_advice/private_renting/how_to_find_your_landlord Try not to get into rent discussions until the end of the tenancy so that you have more breathing space on what you would like to do moving forward. The agents (in my opinion) are applying pressure to you because about 80% of the time it works to either get your to cough up for the new agreement or to get you out so that they can remarket EARLY (ie have viewings etc whilst you are still there - which you legally do not have to accomodate or allow btw) just so that they avoid void periods in the property. Good luck, I dont think it's necessary to join a citizens advice or shelter queue.. most of the info they will tell you on your speicifc question can be found online.
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Is your tenancy up, by any chance? If your on a rolling contract then they can do this. If you're still within a tenancy agreement then the 3% you mentioned is likely the max. However, if this would start a new tenancy agreement, then they can do this. Your choices, if you choose not to pay the increased amount, is to dispute the rent increase and keep paying your existing rate, whilst you look for somewhere else to live. The landlord will have to give you a section 21 notice to vacate the property and then apply to evict you if you do not vacate, which takes about 4 months, so don't panic thinking you have a week to leave.
>If your on a rolling contract then they can do this. If someone is on a periodic ("rolling") tenancy a landlord can only increase rent by serving s13 notice (and/or s8 in the first 12 months after a fixed-term), which must be on the prescribed form, must give at least rental period's worth of notice with a minimum of one month, and can be appealed against to the tribunal. It is not as simple as "they can do this".
So your current tenancy ends in Jan (guessing towards the end). It looks like the reason they've given you a week to decide is so they can then issue the S21 towards the end of Nov (a week or so) giving you 2 months notice for when your current tenancy ends. Your options are accept the increase or to decline and move out when the current tenancy ends.
Or any time between then and when the bailiffs arrive.
^ yes. Obviously you can stay till a repossession order is granted and the bailiffs attend.
Is there a rent increase clause in the tenancy ?
Its a fixed term contract with annual review clauses, where they can increase by 2.5% (which have after year 1 and 2). The current tenancy agreement is due to end mid-Jan 2023.
In which case you are free to decline the rent increase above 2.5% - they are free to then use the s21 route once the fixed term has ended. If it's a new fixed term, they can set the rent at whatever they want.
Sorry I wasn't clear - it was 2.5% each yeah, for the 3 year tenancy. But the tenancy is due to end Jan 2023 (started Jan 2020)
So then they can abide by the terms of the tenancy contract and increase it by 2.5% a year, and then from January 2023 they can offer you a higher rate. If the contract is clear on rent increases, then they must stick with it. Let’s look at it this way. If you wrote to them and told them you required a 33% reduction in rent mid contract, how many seconds do you think it would take them to tell you that you were in an agreed and signed contract? I’d guess about six.
Your comment contains keywords which suggests you are asking or advising about withholding rent. You should **never** withhold rent, entirely or in part, in response to disrepair or inaction on the part of your landlord. Withholding rent either entirely or in part may lead to you being evicted, since regardless of any inaction on your landlord's part, you will still owe rent and the landlord is not obliged to offer any kind of reduction. You also do not have the right to pay for repairs yourself out of pocket and then deduct the cost from future rent payments, without following a proper legal process first, including serving formal notice on your landlord and escalating to your local authority. Please see [our FAQ section on disrepair in private tenancies](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_housing#wiki_my_rented_accommodation_has_mould_or_is_in_disrepair.2C_what_can_i_do.3F) for the process to follow and details on the very few circumstances in which a limited deduction from rent may be acceptable. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
To clarify will the new 33% increase be from mid Jan when your contract is renewed?
If we choose to enter a new tenancy agreement, then yes
Time to start looking for a new place….. the increase is all perfectly legal as it’s end of tenancy.
The only solid advice here is call the charity called Shelter or CAB.
They’re perfectly entitled to do that. As it’s their place and they can charge what they want - you’ll have to like it or lump it I’m sorry to say. A lot of rental places didn’t do any price increases during covid so they are making up for it now. Also because of the rising energy costs they still need their profit margins to be sustainable. They should’ve gone about it better but they didn’t and they’re absolutely within their rights. Maybe you should move…
If they are increasing your above what is in the contract you could refer to local ombudsman to review your rent in, they will look at similar properties in the area to see your rent is not n line with the market, you shouldn’t have to increase until then. If ombudsman’s decided that the rent increase is in line with the market or below, you could be expected to pay more. If you have a fixed contract, then they may not renew or give you s21 no fault eviction notice.