Is there more then one version of a section 13 notice?

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    Is there more then one version of a section 13 notice?

    Its been a manic day so far already and not sure if I am reading things correctly.

    Are there 2 version of the section 13 notice used to increase rent?

    Ive seen a few things mentioned about a section 13(1) and a section 13(2)

    If they are two different notices what are there uses?

    Ive always believed a section 13(2) noticed can be used to propose a rent increase when a fixed term has expired and become a SPA. Am I correct in my assumption?

    If so what is the section 13(1) used for? My guess would be to increase rent during a fixed term (AST)?

    If that is the case could someone also give me an example assuming there is no rent increase clauses in the original AST as I don't see the use for it? Without a clause in the AST I did not think a rent increase was possible and have read about a section 13 notice needing at least a 6 months notice period for tenants in a yearly tenancy?

    Is it perhaps a notice that is given to the tenants, that for example on a 12 months AST (with no rent increase clause), 6 months in advance to warm them of a rent increase? With my own properties I normally just speak to them a couple months before the tenancy is due to expire and discuss rent increases (if I want to do one) and if they agree they sign a new AST nearer the time with the new rent stated.

    Just worried I may be doing it wrong.

    Thanks in advance


    #2
    Form 4
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    Comment


      #3
      If there is a clause in tenancy about rent increases then s13 cannot (may not be, legally has no effect) be used... See s13(1)(b)
      http://www.legislation.gov.uk/ukpga/1988/50/section/13

      But, overall, usually easier just to agree an increase informally (eg email..) - if tenant pays, sorted: If tenant doesn't pay, s21...
      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


        #4
        Section 13 applies to all SPT (see s13(1)(a)). Whether the rent review clause can also applies is a different question.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        Comment


          #5
          Originally posted by KTC View Post
          Form 4D if the property is in Wales.

          Comment

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