Does rent increase create a new tanacy

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    Does rent increase create a new tanacy

    I have a T on 6 month AST from 2014 with no subsequent written agreements issued, now on statutory periodic. If I increase rent would that create a new tenancy, an force me to comply with new legislation?

    Thanks

    #2
    Short answer - no new tenancy but that doesn't mean you don't have to comply with current legislation.

    What legislation are you trying to avoid & why?

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      #3
      I'm just wondering if the new tenancy would be subject the the 2015 deregulation act, tenant feed et. These are all things the current tenancy is not entirely subject to.

      Thanks

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        #4
        Just thought it is subject to tenant fees but you get my point.

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          #5
          Still not quite clear what you are trying to avoid, but most of the recent legislation applied initially only to new tenancies and then to all tenancies - so my guess is you will be subject most of it even if you are not creating a new tenancy. Certainly with regard to tenant fees that would be the case.

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            #6
            Sorry. I could have been more clear. T has caused me loads of unnecessary expense in the past. I am wondering if he will be able to use complaints to the council to hinder eviction at some point in the future. Also wondering if I need to issue a How To Rent and which version if a new tenancy was implicitly created. (Although would have probably sent him all versions in any case)

            Thanks

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              #7
              Depending on how your original AST was written, a new tenancy may have been created when you went periodic. Any How to Rent Guide required is the one that was in date at the time the tenancy came into being. At this time you should also have issued a gas safety cert and an EPC and registered any deposit, with paperwork given to tenant. If you did all this correctly you should have no problem evicting under S21. If in any doubt you could always reissue everything with the rent increase, but that may not cover you if you didn't do it originally.

              However, raising the rent does not start a new tenancy so it is probably pointless anyway!

              Ensure you give adequate notice of the rent rise - at least a full month - and hopefully things will continue as normal.

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                #8
                Thanks. Appreciate the advice.

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                  #9
                  Provided you don't both sign a new tenancy agreement the periodic tenancy will be ongoing.
                  You can use an s13 notice to increase the rent.
                  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).

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                    #10
                    Thanks for the response

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                      #11
                      Indeed: Depends how you do it: So just an email stating rent up by £50 then tenant starts paying, fine, no new tenancy.

                      But if it's "rent up by £50/month and you can stay another 12 months" arguably might establish new tenancy. A tenancy doesn't even have to be written (bonkers I know..).
                      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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                        #12
                        Originally posted by theartfullodger View Post
                        A tenancy doesn't even have to be written (bonkers I know..).
                        If there had to be a written agreement for it to be a tenancy, then that would play into the hands of the criminals.

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