Section 13 compliance - Minimum notice period

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    Section 13 compliance - Minimum notice period

    I have an AST signed in Oct 2015 (First Year). In September 2016, I received a letter from my letting agent stating that the LL wishes to increase the rent by £25 a week upon renewal of the AST.

    Am I correct in the fact that there should be a minimum period of notice of six weeks as set out in:
    Section 13 of the Housing Act 1988 Increases of rent under assured periodic tenancies. Subsection (2) and (3a).
    This states that the minimum period for notice of any rental increase is six months in the case of yearly tenancy?

    Regards


    #2
    Yes, seems to be, it's Form 4 here...
    https://www.gov.uk/guidance/assured-...y-forms#form-4
    - but that's a yearly tenancy where "yearly" means rent payable once a year. I suspect your tenancy may have been for 12 months but with rent payable weekly or monthly?

    More detailed guidance here..
    http://england.shelter.org.uk/legal/...rent_increases
    - or call Shelter 0808 800 4444

    Beware that, as you have an AST then the landlord can (may, legally permitted to) evict you for no reason at all using Thatcher's "Section21". So some compromise may be prudent.

    No renewal is needed for this (or anything else). If rent increase is agreed and paid (don't need to use s13) then rent agreed at new amount. No need to sign any new AST (although that gets you more security).
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by theartfullodger View Post
      - but that's a yearly tenancy where "yearly" means rent payable once a year. I suspect your tenancy may have been for 12 months but with rent payable weekly or monthly?
      Thank you for your response.

      I always assumed "Yearly" referred to the term of the contract and not the payment freqency.

      Comment

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