Questions about Section 13 Notices - how long in advance?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Questions about Section 13 Notices - how long in advance?

    As a result of the current unstable regulatory environment, I am moving away from rent increases every 3 years or so, and need to bring some rents back into line with inflation, and in some cases reassess where the market is now after some years.

    That means that several Ts will be facing rent increases of 10-20%, which is a big jump in one go. I want to give some warning, and in some cases allow increases over 1-2 years ie in 2 jumps.

    So, how far ahead can I serve a Section 13 notice, and is there a limit beyond which it expires?

    Can I eg serve 2 together - say one for a 6% increase in Jul 2019, plus another for a further 8% increase in Aug 2020? Or is that process better done simply by communicating intentions verbally or by letter.

    Rgds

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

    #2
    There does not seem to be a maximum period of notice.

    Nothing in the legislation says outright that only one notice may be served, but it does say that "the landlord may serve on the tenant a notice". I think in any event it has to be implicit that only one notice may be served at one time.

    Even if you can serve two notices. I am not sure it is a good idea to do so. The tenant has the right to refer the notice to a tribunal to determine the rent. All the relevant information the tribunal can collect will the same for both dates. Accordingly, I do not see how the tribunal can do anything other than fix the rent at the same level for both notices.

    Since there is no advantage, and possibly a downside, in serving two notices at once, if you want to warn the tenant that there will be a further increase a year on best to do so informally.

    There is of course nothing to stop you agreeing with the tenant that the rent is to increase in stages over two years.

    Comment


      #3
      Thanks.

      In the hope that an already-served Section 13 notice may give some protection should rent control suddenly appear out a hole in the ground, I think I will agree any early rental increase, then serve a Section13 well in advance for the second step - where I do two steps.

      Rgds
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment

      Latest Activity

      Collapse

      Working...
      X