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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im coming to the end of a fixed term tenancy. The landlord

Resolved Question:

Hi,

I'm coming to the end of a fixed term tenancy. The landlord has said he's happy with us and the way we've kept his property and would be prepared to move to a rolling tenancy agreement with two months notice, on the understanding that rent will rise by 5% each year.

He then asks that we let him know of our acceptance or if we will move out.

We think that at �1500pcm, rent is high enough. We also think that agreeing to a 5% rise per year is unreasonable.

As we received notice of this by email on 16/07 and our tenancy ends on 13/09, has he given sufficient notice of his proposal?

There is no clause in our current fixed-term agreement for rent increases nor procedure. Is this right? Your website says that it must be stipulated in the fixed-term agreement from the outset.

Also, he wants us to agree to a two month notice period, yet gives no indication of the periodic term. As our rental term is monthly, is it wise to agree to this?

I will try to negotiate down the proposed rent increase but will not allow our notice term to increase from 1 to 2 months. I'm also not going to agree to a 5%pa rent increase as this could never end.

Where do I stand with all this?

Thanks,
Nik.
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you actually received a s21 notice from the landlord requiring possession at the end of the fixed term yet?

Tom
Customer: replied 1 year ago.

No, only an email notifying us of his proposed increase. We haven't yet responded. I just want to see where we stand as we're not going to accept his proposal as it stands.


 


Cheers,


Nik.

Expert:  Thomas replied 1 year ago.
Hi Nik

Thanks for your patience.

If you are not minded to accept the landlord’s proposed increase in rent and cannot agree a revised rent then the landlord will either let you remain there OR serve you a s21 notice to evict you.

If he wished to evict you when the fixed term of the current tenancy expires then he would have had to already served you with a s21 notice requiring possession at the end of the fixed term. If he has not done this then he cannot apply for a court order to evict you until he has served the correct notice on you.

In order to bring the tenancy to an end he must now serve a s21 notice giving two months clear notice in writing with such notice to expire at the end of a rent period. If your tenancy agreement expires on the 13th August and the 13th is usually a rent day then the earliest notice he could serve would have to start from 13th August because he’s missed September 13th. 2 months from 13th August would take you to 13th October before the notice expired and you had to leave, so you have some breathing room.

If you’re not going to accept the landlord’s offer then I would be tempted to avoid him and the subject to see if you can reach 13th August without a s21 notice being served to further push on the potential time at which he could legitimately apply to court for a possession order.

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Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


 


Thanks, XXXXX XXXXX sounds understandable.


 


Can you please just confirm the dates you wrote as you wrote that our tenancy expires on August 13th when it actually ends on 13th. I think it looks like your timings are based on September but just want to double check.


 


Does this mean that an S21 MUST be issued on the 13th of any month, given our fixed-agreement termination date of 13th September?


 


Happy to rate you once this is clarified.


 


Cheers,


Nik.


 


Thanks.

Expert:  Thomas replied 1 year ago.
Hi,

If you pay your rent on the 13th of each month and your tenancy ends on the 13th August then the 13th is called a rent day. This means that any notice the landlord serves to evict you must have a two month notice period which expires on the 13th of a given month.

They can issue the s21 notice before the 13th of the month but with a notice period stated in it as being from 13th of one month to the 13th of the month which is two months later.

Hope this clarifies, please remember to rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6659
Experience: BA (Hons), PgDip, Practising Solicitor
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