Section 13 notice required??

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    Section 13 notice required??

    Hi all.
    I intend to put the rent up on a property I rent out. The contract has a clause which states that the rent should be reviewed every 12 months and can be increased after the landlord issues written notice providing at least 28 days notice.
    The agreement was subject to an assured shorthold tenancy and has been periodic (monthly) for a few years.
    Having looked at form 4 section 13(2) paragraph 9 states that "do not use this notice if the tenancy agreement contains a term allowing rent increases" which it does after I issue written notice. I think it would be best to issue the section 13 as that could serve as the written notice unless others think I should avoid this route and just issue a written notice of my own. I looked at the shelter website which appeared to suggest that landlords had to Issue a section 13 notice??
    any help would be appreciated. Bob.

    #2
    Easiest thing is to agree an increase with tenant - say verbally or email. If the paid at increased amount all sorted, no paperwork required.
    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...

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      #3
      Thanks, I will try the informal approach first!

      Having Having read up a bit more this afternoon I now realise for a statutory periodic tenancy which mine is the rent review clause in the contract has no effect after the initial AST ends and I must use the section 13 statutory form or as you suggest gain the tenants approval to increase the rent.

      many thanks. Bob

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        #4
        You don;t need tenant's approval but simply them starting to pay the new amount.

        I never ever give eg utility companies, Sky, council, mobile 'phone provider etc my approval when they increase prices but sadly usually do end up paying the change
        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


          #5
          That rent increase clause is carried forward into the periodic tenancy, so you can't use notice under s13.
          All clauses are carried into the new periodic tenancy except those that relate to the termination of the contract.
          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


            #6
            Where a statutory periodic tenancy arises at the end of a fixed-term tenancy, a rent review clause no longer has effect. To increase the rent the landlord must use the section 13 procedure or obtain the tenant’s agreement. London District Properties Management Ltd (2) Ferguson (3) Ferguson (4) Sawer v (1) Goolamy (2) Goolamy [2009] EWHC 1367 (Admin).

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              #7
              For info...
              https://nearlylegal.co.uk/2009/06/re...garry-at-last/
              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...

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                #8
                Thanks, that's a useful confirmation.

                Comment

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