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Question

During the Tenancy (England) | England | Preventing Controlling and Recovering Rent Arrears (England)

Letting agent put up rent but tenants still paying the old amount

28 Sep 2021 | 1 comment

My letting agent put up my tenants’ rent in February and signed them up for another 12 months fixed agreement, both without telling or consulting me. The increase in rent is only £10 per month and there are two tenants so £5 each – a very small amount. Unfortunately the tenants haven’t been paying the increase – they are still paying the old amount. I only found out their rent had been increased in June. So now they are eight months in arrears – £80 plus interest. The letting agent is providing a very poor service. They said they have contacted the tenants about this and have received no response so far. What should I do about this? Keep pushing the letting agent to get the arrears? Contact the tenants myself? Serve some kind of written warning? Anything else I should do?

Answer

1 Comment

  1. guildy

    This will depend how the rent was increased.

    If there’s a term in the tenancy and it was increased precisely in accordance with that term, then it will have lawfully increased. Alternatively, if a section 13 notice was used, that too “shall” increase the rent (as long as the form was correctly completed and served etc.)

    However, if the agent just wrote a letter with no reference to a tenancy clause, it’s unlikely the rent will have increased because a normal letter just saying the rent is increasing would normally require agreement from the tenant.

    On the assumption that the rent has lawfully been increased, after issuing reminders and such, ultimately, a small claim could be made against the tenant for which, please see here.

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