AST coming to an end- agreed to renew, but have not heard from LA- what next?

[Velouria]

Hi,

 

I hope someone can help clarify what we should do. I've roamed the internet, but am just confused!

 

We (me and OH) are coming to the end of an AST (we live in London). Back in June, we confirmed that we wished to renew, and agreed to a rent increase (£100 extra pcm- ouch), and the Letting Agent said they would be in touch closer to the date our AST expires (23rd July), to arrange to sign another year's contract. All this was by email, and we've not heard anything since.

 

I understand that if another contract is not signed, then the tenancy becomes a periodic tenancy? Or are we obliged to vacate the property?

 

The rent increase is also troubling us- We've not received any paperwork about the increase, other than the email back in June from the letting agent stating that the landlord was asking for £100 extra, which we agreed to by email, after trying to negotiate a lesser rise (no dice!), also by email. We pay monthly by standing order- should we continue to pay the present amount, or amend it to the inreased amount?

 

If we don't increase the amount, we are worried that the landlord will give us notice- and we cannot afford to move at the moment. But we haven't received anything formal in terms of the increase.

 

Hope this all makes sense. Any advice?

 

Thanks,

V

[ericsbrother]

Things stay as they are for the moment and you will get a periodic tenancy at your old rent level. Your landlord or the agents are being greedy with the extra demands as rents arent going up unless you live in London. If you do move out them they have to fill a void and that will take them a while and cost money so it is short-sighted of the LL to push for this (or perhaps he was being led by another interested party?) Try and contact the LL directly.

[Velouria]

Thanks- unfortunately, the Landlord and Letting Agent are in cahoots, so contacting the Landlord directly is a no-go.The agents manage the swathe of properties he owns in the area. And we are in London, rents in our particular area have gone crazy in recent months- our flat could easily be let instantly for a higher rent without any trouble (flat next door had over 20 people wanting to move in), so it makes no odds to the Letting Agent or Landlord whether we're here or not.

 

Our main concern is whether to pay the increase or not without formal notice of the rent increase, and the implications (or not) of rolling into a periodic tenancy.

 

v

[Velouria]

Can anyone help? Would really appreciate some advice as to our legal position re: paying the increase or not.

Thanks

V

[mariner51]

Was the orig AST in writing?

How did you agree to new AST at higher rent verbal, tel, email and date?

 

Do not pay higher rent until matter resolved.

 

Only other way LL can inrease rent after 12 months after last increase is via s13.

If you remain in occupation on 24 July without having agreed a new AST, a SPT will have been created, leaving LL with your. acceptance / payment of new rent or s13 route to increase rent

[Velouria]

Thanks Mariner51.

The original AST was in writing, signed by all parties, and witnessed. The renewal was agreed by email in June- we agreed on 17 June by email.

So given that it looks as though a SPT will be created, we should pay the higher rent (as per your last sentence)? I am still a little confused over this partiular issue.

Huge thanks,

V

[The Carpet Cleaners]

I think what Mariner is saying is: the LL needs to send you a section 13 for the rent increase to be valid. OR if you start paying the increased rate, it will be deemed as valid due to the fact that you are paying it.

 

If you don't pay the increased amount now, then the LL will have to send you a section 13.

 

Whilst you may get away with a few months at the lower rate, the LL will soon rectify the matter, and it may also upset the LL who could, if he so wished, serve you a section 21 (Notice to Quit).

 

The choice is yours for the moment..

[Velouria]

Ah, that makes sense! Thanks CarpetCleaners! For various reasons, we have to stay put, so I am thinking that paying the increased rent, albeit without an S13 is the best option, in order to remain on the right side of the landlord.

Thanks to all for the advice- sometimes it's hard to know what to do for the best, but this has helped to clarify our situation.

V.

[raydetinu]

The LL has no legal right to increase rent within the first 12 months of a tenancy AST or PST ( housing act ), however he can ask and as you agreed I suppose that's it

the form S13 would tell you this, so perhaps that is why you have not got one!

[Velouria]

Yup, quite right, Raydetinu. The increase is due to commence after the 12 month AST is over.

[mariner51]

The poss complication is that you agreed to new AST / rent increase in mid June, by emai.

 

Write to LL (to arrive 23 July) stating you will pay increased rent from 24th, PROVIDED the current AST continues as SPT on expiry of the fixed termn (23rd?)

Thus LL will get higher rent & avoid a pot iimm void. You can vacate when you wish with min 1 clear month Notice (if rent due pcm) provided your Notice is served (received) by end of one T period to expire at end of next T period (23rd) ie not before 23rd Sept.

[Velouria]

Thanks Mariner 51- Yes, just to clarify, we agreed in June to a new AST/ rent increase, to start when original AST expired- but haven't heard from LA since (they were going to be in touch to arrange signing of AST). All communication has to be through the LA, so we'll have to write to the LL through them.

What's a pot imm void?

[mariner51]

potential imminent void ie no Tenant, no rent income