Increasing the rent, is this allowed??

[ProPlus]

As mentioned before I have to leave my tennancy contract and find new tennants, etc, etc to take over my tennancy...

New sting in the tail is...

The landlord got talking to the agents and they recommended that he should be able to get £280 per week for the flat instead of the £240 Im paying.

Are they allowed to do this? Is it in breach of their own contract as the new tennat will be taking over my old tennant so should be paying the rent I was paying? It is for remaining time on the contract (10 months) so in essence they are breaking their own contract and changing the rules are they not??

Quick reply needed as I want to ring the manager this morning to find out the situation and if its not legal, then tell them to sod off.

Cheers for any help.

Si

[dmitsi]

If they want to change the rent then you shouild have nothing to do with finding the new tenant.

[ProPlus]

Thats the thing I have had so many people want to look at the flat, but I have to say not at the moment til this is sorted and now the landlord wants them to find new tennants as they feel uncomfortable about me doing it..... I guess they will try and sting me for my deposit as well and claim 'it took them lots of man hours to find someone and so want compensation'

Well bollox to that, if that even happens, my lawyer is coming straight down.... Theiving bastards they are.

[touchingcloth]

Logic would dictate that yes if you are being held responsible for finding someone then it has to be on the same terms as you are on. They could just as easily say oh you have to find someone and it will be need to be at £1000 per week, thereby making it impossible. If they can get £280 per week then that will more than cover the landlords costs associated with you leaving; ergo I would say you will do your bit and suffer the costs at £240 per week or they can find someone themselves at £280 per week and you have nothing to do with it and no costs as they will still ultimately make more money, their choice.

To be honest if they are going to start playing silly buggers then I would start to quesion any moral obligation you have to them, you could take a gamble on them chasing you and just say "I am leaving in a month and will pay no more rent as I have no means to do so, you may have my deposit as the final rent payment. You can chase me for the penalty through the courts should you so wish but I have no money so even if you win I will still probably only have to pay £5 per week." If I was your landlord I would probably hate you but would not pursue you for the costs as it is costly in itself and major hassle.

>> Edited by touchingcloth on Monday 13th February 10:16

[Piglet]

touchingcloth said:

To be honest if they are going to start playing silly buggers then I would start to quesion any moral obligation you have to them, you could take a gamble on them chasing you and just say "I am leaving in a month and will pay no more rent as I have no means to do so, you may have my deposit as the final rent payment. You can chase me for the penalty through the courts should you so wish but I have no money so even if you win I will still probably only have to pay £5 per week." If I was your landlord I would probably hate you but would not pursue you for the costs as it is costly in itself and major hassle. >> Edited by touchingcloth on Monday 13th February 10:16

What he said....

Don't get involved - tell them to feck off. This is a residential tenancy, you can't stay there which is unfortunate but to me that's where your responsibility ends.

They won't pursue you for the outstanding amount. They'll have re-let the flat, they'll have your deposit they have nothing to claim for - especially if they are getting more rent.

This is a nightmare waiting to get worse.

(believe me - I have done lots of possession hearings - a District Judge would be VERY sympathetic towards you in this situation.

[Davel]

Isn't the rental stated in the tenancy contract?

Is there any provision in the agreement for a rent review.

Surely, in only a 6 or 12 month agreement, the rent will be fixed for that period.

[Plotloss]

Wacking the rent up is proof that he has failed to mitigate his position.

You are liable to find a like for like replacement, not upsell his house.

[ProPlus]

Davel said:

Isn't the rental stated in the tenancy contract? Is there any provision in the agreement for a rent review. Surely, in only a 6 or 12 month agreement, the rent will be fixed for that period.

The rent is stated on the contract, I think its agents thinking they can go and get another batch of comission and sting me for my deposit by saying they did loads of work to find someone.

Its a bugger really.... as I am fighting potential tennants off with a stick at the moment.

>> Edited by ProPlus on Monday 13th February 11:31

[tinman0]

Plotloss said:

Wacking the rent up is proof that he has failed to mitigate his position.

i agree - i do think the poster needs to take proper legal advice though, maybe even the CAB.

[J1mmyD]

Basically the position is as detailed, but you need to check the rent review clause in your tenancy. Just double check the provisions for rent review.

If the rent is increased, then there's a good possibility that your obligation to fill the tenancy is negated.

Good luck

[ProPlus]

J1mmyD said:

Basically the position is as detailed, but you need to check the rent review clause in your tenancy. Just double check the provisions for rent review. If the rent is increased, then there's a good possibility that your obligation to fill the tenancy is negated. Good luck

If that is the case can I still tell them that we intend to move out mid march and not a second earlier and they just have to lump it. This gives us time to get alternative housing and take a few days to move rather than do it all in one weekend.

[stu_the_flat]

£240 per week!!

where you staying the hilton?

[ProPlus]

stu_the_flat said:

£240 per week!! where you staying the hilton?

The big smoke.

Aka Balham

[Plotloss]

tinman0 said:

Plotloss said: Wacking the rent up is proof that he has failed to mitigate his position. i agree - i do think the poster needs to take proper legal advice though, maybe even the CAB.

Without doubt.

I do know a little about the mitigating position though as that is what my nutter landlord lost her small claims case on.

Well that and throwing a wobbler in the court, oh and overt racism also in court.