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

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    #16
    Originally posted by jpkeates View Post
    You can't sign a deed of surrender in advance.
    There's no surrender to document.
    I think OP is saying "deed of surrender for previous tenancy before creating new tenancy".

    If that is the case, then I believe it was not necessary if LL and T and property are the same in both.

    However, if it is for surrender of the new tenancy, then it is probably of no legal worth.

    Comment


      #17
      Originally posted by jpkeates View Post
      You can't sign a deed of surrender in advance.
      There's no surrender to document.
      The order was:
      5 yrs periodic
      served S21 unsuccessful
      Deed of surrender
      6 mths AST (fixed)

      Comment


        #18
        What was the point of the deed of surrender?
        Did the tenant move to a different property?
        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


          #19
          Originally posted by jpkeates View Post
          What was the point of the deed of surrender?
          Did the tenant move to a different property?
          After the S21 was unsuccessful, wanna hv a fresh start.
          tenant always there

          Comment


            #20
            If there's no surrender (the tenant passes control of the property back to the landlord, who retakes possession), the deed is meaningless.

            If you signed a new tenany agreement, there's a new tenancy, but it will be part of the same overall lease.
            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


              #21
              Originally posted by jpkeates View Post
              If there's no surrender (the tenant passes control of the property back to the landlord, who retakes possession), the deed is meaningless.

              If you signed a new tenany agreement, there's a new tenancy, but it will be part of the same overall lease.
              Thx!

              What should I do?
              my plan is now to increase his rent after the 6 mths AST. But my concern he will reject new proposed rent (slightly under market price) and ask for S21.

              Comment


                #22
                When the six month's fixed term ends, use a standard form s13 to notify the tenant of the new rent.
                It has to give two month's notice (there are guidance notes about how to fill it in) and the tenant either has to pay it, appeal to a rent assessment committee or they start to go into arrears for the unpaid amount of rent (the difference between the old rent and the new rent).

                If the tenant asks for a s21 notice I'd advise them that a) you will probably use s8 for the rent arrears and b) even if you do use s21, when the housing department ask, which they will, you'll confirm that he asked for a s21 instead of paying the increased rent.

                If the tenant wants a s21 to get a council house, he's in fantasy land.
                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


                  #23
                  Originally posted by jpkeates View Post
                  When the six month's fixed term ends, use a standard form s13 to notify the tenant of the new rent.
                  It has to give two month's notice (there are guidance notes about how to fill it in) and the tenant either has to pay it, appeal to a rent assessment committee or they start to go into arrears for the unpaid amount of rent (the difference between the old rent and the new rent).

                  If the tenant asks for a s21 notice I'd advise them that a) you will probably use s8 for the rent arrears and b) even if you do use s21, when the housing department ask, which they will, you'll confirm that he asked for a s21 instead of paying the increased rent.

                  If the tenant wants a s21 to get a council house, he's in fantasy land.
                  thx thx thx for advice!!!


                  2 months???
                  somewhere i read, i should serve the S13 minimum of 1 month before. please correct me if im wrong

                  Comment


                    #24
                    It is one month, but it has to begin at the start of a rental period, so you don't have a complete month between the first date of a periodic tenancy - which is the first point at which you can serve the notice and the start of the next tenancy period.
                    So, in this case, it's effectively two months.
                    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


                      #25
                      Originally posted by jpkeates View Post
                      you don't have a complete month between the first date of a periodic tenancy - which is the first point at which you can serve the notice and the start of the next tenancy period.
                      I don't see anything in S13 that says a S13 notice cannot be sered before the SPT arises.
                      Please could you advise on your statement?

                      Comment


                        #26
                        Things happened fast! Im going seek professional help, he negotiates to new rent which below market price then raise many maintainence issues.

                        anyone know decent professional not overcharge. PM plz

                        Comment


                          #27
                          Originally posted by MdeB View Post
                          I don't see anything in S13 that says a S13 notice cannot be served before the SPT arises.
                          Please could you advise on your statement?
                          The wording of s13 requires a periodic tenancy to exist for notice to be served.

                          I could be wrong, though. It's been something that I "learned" a while ago that I've not really thought about.

                          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


                            #28
                            According to Shelter a s13 notice can be served during the fixed term to take effect once a periodic tenancy arises. See: http://england.shelter.org.uk/legal/...rent_increases

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