Tenant disagree new rent, am I responsible to serve him a S21

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    Tenant disagree new rent, am I responsible to serve him a S21

    After 6 months AST, hes not agree the rent increase, and now he request a S21, do I have to do it?

    #2
    Not if you don't want them to leave.

    Let the tenancy go periodic and serve a section 13 notice, which puts the rent up automatically unless the tenant can get a rent tribunal to agree that its above market level.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      No. Any request by a tenant for you to issue a section 21 suggests an attempt to collude with the landlord to avoid being classed as intentionally homeless, by the council.

      I assume you issued a valid section 13 notice, in which case the tenant's only options are to pay, to go to the tribunal, or to come to some other agreement with you.

      Comment


        #4
        Thanks for both advice.
        wish me luck!

        Comment


          #5


          I would not serve an s21 to this tenant.

          I would serve s13 then if no successful challenge serve s8 & copy that to council housing dept as soon as at least 1p is underpaid at least one day.
          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


            #6
            What does your tenancy agreement say about rent increases? Most say the rent can't be increased in the first year.



            Freedom at the point of zero............

            Comment


              #7
              Originally posted by Interlaken View Post
              What does your tenancy agreement say about rent increases? Most say the rent can't be increased in the first year.
              A bit complicated. He had been my tenant about 5 yrs before the recent 6 months AST agreement. The reason I start over the 6 months AST because I served S21 was unsuccessful. We also have a mutual agreement of “deed of surrender of tenancy” at the time of 6 mths AST. So, can I increase the rent? Because now it’s way below the market rent.
              BTW, the agreement did not mention the rent increase.

              Comment


                #8
                Originally posted by Rthkcrv View Post

                A bit complicated. He had been my tenant about 5 yrs before the recent 6 months AST agreement. The reason I start over the 6 months AST because I served S21 was unsuccessful. We also have a mutual agreement of “deed of surrender of tenancy” at the time of 6 mths AST. So, can I increase the rent? Because now it’s way below the market rent.
                BTW, the agreement did not mention the rent increase.
                Hmmnn... "at the time of....."


                Was the date & time of this "deed of surrender" before or after date & time of AST signature? Or do you have no proof either way ??
                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


                  #9
                  Rent normally an not be increased duriing the fixed term unless by permitted rent review.

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    Hmmnn... "at the time of....."


                    Was the date & time of this "deed of surrender" before or after date & time of AST signature? Or do you have no proof either way ??
                    Deed of surrender was signed after the 5 years periodic and before the 6 months AST

                    proof?
                    Everything were signed including 5yrs, surrender and 6mth

                    Comment


                      #11
                      What does this "deed of surrender" say?

                      Comment


                        #12
                        Originally posted by Rthkcrv View Post

                        Deed of surrender was signed after the 5 years periodic and before the 6 months AST

                        proof?
                        Everything were signed including 5yrs, surrender and 6mth
                        Yes, but does surrender have date & time before AST signature or not, please?

                        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


                          #13
                          Originally posted by theartfullodger View Post
                          Yes, but does surrender have date & time before AST signature or not, please?
                          The surrender have signed and dated. After that, signed and dated on the 6 mths AST

                          Comment


                            #14
                            You can't sign a deed of surrender in advance.
                            There's no surrender to document.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Do not serve an s21 to this tenant.

                              Comment

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