I know this is not as serious as other people's problems with rising damp or banks reposessing.
I have a pre Tenancy Deposit Protection Scheme rental agreement and the rent hasn't changed in four years. They have now sent through a request to increase the rent. Would this constitute a new agreement because the rent has changed? Or is the rent increase already included in the tenancy agreement?
I advised the letting agency that I believed that the scheme applied, but they rather violently disagreed.
Full Version: Does A Rent Increase Mean A New Tenancy Agreement?
Most contracts now will probably have a clause allowing the rent to increase often linked with the rate of inflation so it doesnt have to mean a new contract.
If your contract has no mention of a rent increase then you can ask for a new contract which would then put you in the new tenancy deposit type of schemes.
You need to check your contract for what if anything is said about rent increases. If your contract allows rent increases then the LA is correct. If your contract has no mention then you can do one of two things, ignore the request until notice to quit the property is served or you can sign a new contract. It depends on what you want to get out of it, ie deposit in new tenancy deposit scheme or not.
If your contract has no mention of a rent increase then you can ask for a new contract which would then put you in the new tenancy deposit type of schemes.
You need to check your contract for what if anything is said about rent increases. If your contract allows rent increases then the LA is correct. If your contract has no mention then you can do one of two things, ignore the request until notice to quit the property is served or you can sign a new contract. It depends on what you want to get out of it, ie deposit in new tenancy deposit scheme or not.
QUOTE (Mr Rose @ Jan 25 2008, 11:46 PM) 
Most contracts now will probably have a clause allowing the rent to increase often linked with the rate of inflation so it doesnt have to mean a new contract.
If your contract has no mention of a rent increase then you can ask for a new contract which would then put you in the new tenancy deposit type of schemes.
You need to check your contract for what if anything is said about rent increases. If your contract allows rent increases then the LA is correct. If your contract has no mention then you can do one of two things, ignore the request until notice to quit the property is served or you can sign a new contract. It depends on what you want to get out of it, ie deposit in new tenancy deposit scheme or not.
If your contract has no mention of a rent increase then you can ask for a new contract which would then put you in the new tenancy deposit type of schemes.
You need to check your contract for what if anything is said about rent increases. If your contract allows rent increases then the LA is correct. If your contract has no mention then you can do one of two things, ignore the request until notice to quit the property is served or you can sign a new contract. It depends on what you want to get out of it, ie deposit in new tenancy deposit scheme or not.
Thank you for that. I'll have a look at the agreement. I think that they probably do have a rent increase provision. If it is inflation linked I'll start arguing about CPI (as the rent increase is higher) unless it states which measure it is.
QUOTE (Mr Rose @ Jan 25 2008, 09:46 PM)
Most contracts now will probably have a clause allowing the rent to increase often linked with the rate of inflation so it doesnt have to mean a new contract.
If your contract has no mention of a rent increase then you can ask for a new contract which would then put you in the new tenancy deposit type of schemes.
You need to check your contract for what if anything is said about rent increases. If your contract allows rent increases then the LA is correct. If your contract has no mention then you can do one of two things, ignore the request until notice to quit the property is served or you can sign a new contract. It depends on what you want to get out of it, ie deposit in new tenancy deposit scheme or not.
If your contract has no mention of a rent increase then you can ask for a new contract which would then put you in the new tenancy deposit type of schemes.
You need to check your contract for what if anything is said about rent increases. If your contract allows rent increases then the LA is correct. If your contract has no mention then you can do one of two things, ignore the request until notice to quit the property is served or you can sign a new contract. It depends on what you want to get out of it, ie deposit in new tenancy deposit scheme or not.
Actually you can do 3 things;
Both of the above as well as accept the new rent without signing a new agreement. There doesnt have to be a rent increase mechanism in the AST in order for this to happen. It can be done once a year regardless. Of course you can insist on a new agreement (which you will likley be charged for) or refuse the new rent (where you will likley be asked to leave. I think you have been reasonably lucky not having a rent increase in almost four years.
I believe if they also ask for a deposit top up it means they have to sign up to the scheme.
QUOTE (Chrysalis @ Feb 1 2008, 06:49 PM)
I believe if they also ask for a deposit top up it means they have to sign up to the scheme.
They haven't.
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