Maria asks: “I’m a tenant in a flat that has just been sold. My lease is until Feb at £x but new owner wants to enforce new rent at £x+70 effective next month (Jan). Is this legit?”
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Q&A 63 – New Landlord Trying To Increase Rent – Shownotes
Maria asks:
I’m a tenant in a flat that has just been sold. My lease is until Feb at £x but new owner wants to enforce new rent at £x+70 effective next month (Jan). Is this legit?
Thanks for your question Maria.
No, it’s not legit.
“Subject To Existing Tenancy”
The new owner would have bought the property “subject to existing tenancy” and therefore they must honour the existing formal agreement between yourself and the previous owner.
This is legally explained in Section 13 of the 1988 Housing Act, which is linked below:
http://www.legislation.gov.uk/ukpga/1988/50/section/13
So, legally, you have the right to tell them to stick it where the sun don’t shine. However, this may not be such a good move.
Is It Worth Aggravating Your Landlord?
It is only for one month, and the increase is £70 more than your current rent. You’ll need to work out the value of aggravating your new landlord. If you like the property and want to stay there for the foreseeable future, it might be worth speaking with your landlord and agreeing to a new rental agreement from January at a slightly higher rent. This will keep things positive and not get you both started on the wrong foot.
Your landlord only have to give you one month’s notice, and so if you flat out refuse to pay the increase in January, you may find yourself having to serve notice and be out of the flat by February.
So, I’d take some time to work out what your objectives and plans are for the next 6 to 12 months and then speak directly to your landlord. Explain your rights and the Section 13 regulation, but also be armed with a suggestion that will please both parties in the long term.
More Advice
For more advice on this, I would recommend you reading our mammoth 111 ways to save money on household bills article. It’s about 30,000 words long, but you’ll find direct link here that will take you to the Housing Costs Tips section, which includes tip #3 – renegotiating your rent and #4 – signing a longer (or shorter) lease.
Both will help you in negotiation with your landlord to ensure a happy landlord/tenant relationship going forward.
Ask Your Question
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- Leave a comment on any of the Q&A podcast shownotes (including this one)
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