charging more than agreed for rent

[cibachfi]

Hi everybody, hope somebody can help me. I rent a property from the local council and in 2012 I signed a three year rental agreement for 1,000 rent per annum. We discussed what would happen after this and I stated that I wanted first option on renewing the lease and the agreed and said they would discuss matters nearer to the time. In 2012 I signed for three years and every year an invoice would appear clearly stating 'rental for cafe from April 2012-2013. The lease was up in April 2015 and I had expected the properties department to call me befor ethis to discuss increasing the rent, which I was happy to do. I heard nothing and in April 2015 I received an invoice stating rental for cafe from April 2015 TO April 2016 1,000 and I duly paid this. In October 2015 a counci employee turned up at the cafe out of the blue and said they had forgotten to discuss the rental with me for 2015/2016 and he was there to discuss the matter. We agreed to increase the rent from April 2016 but had no discussion about a pro rata increase for that year. However I was then sent a pro rata invoice for rental for that year, which we had not agreed to but the council maintain that the increase stands and I will hae to pay this. My argument is that I was sent an invoice in April 2015 clearly stating that it was rent for the following year, I have never had a new lease where I have signed and agreed to the rental amount and although I was happy to pay this from April 2016 I cannot see how they can charge for 2015. One other matter please. I have never had a water meter in the cafe but the council have now told me they are installing one, do I have the right to refuse?? I do not pay for water at the moment and never have, only electricity.

 

[Scalloway]

What does your lease say about applying rent increases?

Do you pay water rates?

 

[rach88]

So you pay rent annually? One instalment, once per year? Then I think you may be right, but it comes down to what was agreed between you and the council employee when you discussed the increase. Once your fixed term lease expired it's likely that what arose to replace it was, by implication, an annual periodic tenancy at the same rent. But I think that the question of when the new rent started would have come down to exactly what was agreed between you both. Did you discuss when the rent was to start? Or did you just assume it wouldn't be until April? And the council employee made a different assumption?

Have they put anything in writing about why they think the start date for the new rent should be the date they are asking for? If you want to copy and paste this here or PM me we can take a look.

Note that you will by now likely have security of tenure under the Landlord and Tenant Act 1954, if you didn't already. There's lots of information about this online.

Water rates - by default, these are payable by the occupier so you might be fighting a losing battle there. Did your old lease say anything about who paid for water?