Rent Advice

[Funt Solo]

My private landlord company just increased my rent by 20%.  Anyone know of any kind of rights I might have to reduce that increase?

[Trout]

He'll be registered with the local council, who used to (IIRC) have powers to force private landlords to reduce very high rents.

We need Dr X on the case.

Dr X!

- Trout

[Matt Timson]

You probably have the right to a decent amount of notice- but that's probably about it.

[The Enigmatic Dr X]

Depends on the terms of the lease, and where  you are.

In general, leases have a "rent review" provision which allows rent to be increased. This can cause problems if not enforced each year, because the reviews can be applied cumulatively - meaning you end up with a very steep increase.

That said, I know nothing at all about English property law (it's foreign muck, mate. I don't touch it). Although I will be studying it next year.

Sorry I can't help any more

[Trout]

Fate lives in Scotland.

[Funt Solo]

Aha - well, it's Scottish Law, I'm under a "tacit relocation" because my fixed term came and went without anything new being signed.

The rent hasn't been increased since March 2004.

(I wouldn't mind the 20% increase, but it's more than my pay has increased by, and what with council tax...well, you know.)

[Trout]

Don't mention council tax!

Knowing a little about the local authority in your area, Fate, I'd suggest moving house.

Get the hell out. :-S

[House of Usher]

It's a question of the terms of your rental agreement, and asking your council's tenancy relations officer or your local CAB office for advice on how much your landlord can legitimately raise your rent.

[The Enigmatic Dr X]

Okay-dokey. Council smoucil. They are not interested in the situation where there is a private landlord. Any issue about dealing with the council is relevant only to local authority/ housing assocaition landlords. That's not the case here.

So...

If there is a written lease

The terms of the lease apply. Rent reviews should be per the lease. If a maximum increase is specified then that is that. If there is a qualitative cap (eg "market rate") then you can contest that a 20% increase is not the market rate. If it helps, most Scottish cities have a falling rental market and so status quo is probably appropriate (ie no increase)

If there was a written lease but is has now expired and you are still in the property

There has been a tacit relocation. That means the lease renews for the same period of time with the same conditions (ie if it was a 12 month lease then it runs for another 12 months). Therefore, the comments above apply.

If there is a written lease/ a tacit relocation and your landlord says accept the increase or leave

You are entitled to tell him to bog off. He must give you the notice required by the lease. Some leases allow your eviction on notice, some don't (ie only if you are in breach).

Be aware that refusing a rent increase could be a breach if there is provision for an increase. In that situation you should counter offer and act reasonably, rather than refuse out of hand.

If there is no provision in the lease for a rent review then you could argue you are entitled to stay in the property for the length of the lease/ tactitly relocated lease.

If there was a written lease and you are not the original tenant

You can probably be kicked out unless you told the landlord about your coming in. This is a very technical issue, but basically if the you can't establish the landlord knew about you then you have no right to be there. The best way to establish this is to look at any letters from him. Are they addressed to you?

if there was never a written lease

Rent increases are by mutual agreement with no need to be reasonable. But, if the landlord asks for one and you refuse then he can kick you out. Usually only on 40 days notice.

Hope that helps. All informaion provided as a guide and illustation only and no liability is accepted for reliance place upon this message. This is not my area of expertise. You should speak to a solicitor (hey, call my office if you're in Glasgow) who deals with this work for proper advice rather than relying on this message.

[Funt Solo]

Thanks tons for the (illustrative) advice:  I'll read my lease when I get home and see what it says.

I'll probably try and barter them down.  As I understand it, they can boot me out with 2 months notice, but they'll only do that if I act the arse (I think).

[The Enigmatic Dr X]

Some technical terms there.

[Susie2shoes]

A few addresses for some free advice - you can contact Shelter direct who may be able to offer some useful advice.

http://www.citizensadvice.org.uk/

www.adviceguide.org.uk/nm/index/ family_parent/housing/tenancy_agreements.htm

Link: http://scotland.shelter.org.uk/home/index.cfm" target="_blank">http://scotland.shelter.org.uk/home/index.cfm

[Funt Solo]

There's no provision in the lease for rent increases, and the landlord has failed to use the correct form (AT2) and also failed to give a full one month's notice for the proposed increase.

Cool - looks like I've got grounds to haggle, or at least to delay the increase by a month.  If push comes to shove I could go to a RAC, but it might turn out that my rent is cheap for the area.

Of course, they can always just give me 2 months notice and tell me to go sing.