I wounder if some can assist with the following query as we have differing views.
We have a supported provider who issue licence agreements. They increase their rents yearly, but not always on the same day each year.
In the Licence agreement it states the charge to the occupant may be altered by the landlord. The board shall give the occupant 28 days written notice in advance of any such changes. There shall be no more than one change, during any 6 month period, for the accommodation element of this charge. The charge for services may be changed as necessary.
If there has already been a referral to the rent officer as a 52 week referral and decision received on the property, then the rent increases within that 52 weeks, do we class this as a contractual increase and refer to the rent officer as a contractual increase, or is it not classed as a contractual increase so we would not refer the rent until the 52 week referral runs out.
We have some views saying as its a licence agreement any rent increase is not a contractual one, and others saying if increases are mentioned in the agreement then it can be classed as contractual and referred as one.
I would appreciate any assistance. Thank you
