Sitting tenant- rent increases?

  • Filter
  • Time
  • Show
Clear All
new posts

    Sitting tenant- rent increases?


    I have a sitting tenant (assured tenancy) in my property and I was wondering whether I am still able to increase the rent in line with the current market rental? If so, what are the procedures, i.e. how do I go about doing it?


    Thank you.

    How long has the tenant been there?
    I offer no guarantee that anything I say is correct. wysiwyg


      15 years. It's a family and their rent is paid by the Council, i.e. housing benefit but they are under a duty to pay any shortfall between the housing benefit paid and the actual rental charged.


        Form 4B Section 13 Housing Act 1988 - just put it into Google and click the government department site that appears and the free form is immediately accessed with all the notes and what you have to send the tenant etc. The tenant has 28 days to object otherwise your increase is automatic in the event of no reply.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


          I am pretty sure you can get a rent increase, you might have to go through the 'Rent Office' of your local council, and accept what they think is a fair rent. There is a formula for this that you should be able to find on the rent service website
          With a 'Regulated Tenancy'(i.e. pre 1986) rents can only be reviewed every two years
          I offer no guarantee that anything I say is correct. wysiwyg


            Brilliant - thanks very much!


              Oh, is it a "regulated tenancy" if the initial TA commenced in 1993 without having the requisite notice served?

              The tenant and her family were allowed into occupation from 1993 but did not sign an actual TA until 1996. She did however from 1993-1996 pay the council tax and utility bills and part of this period was rent free. The TA that she signed in 1996 states on the front page that it is an AST and her signature has been witnessed by a sol (she clearly has sought advise from a sol before signing). The next two TA she signed were in 2002 and 2005, again both state that they are ASTs. I understand from the then landlord that she had previosuly defaulted in rent payments (i.e. didn't pay the shortage between what was paid as rent by the council and the rental at the time in excess of £4,000 but that when a court application had been made that she had paid it off). Can someone please put me right as to whether she is an assured tenant or not?


                A new letting in 1993 is governed by Housing Act 1988, so it is not a 'Regulated Tenancy' under Rent Act 1977.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).


                  Sounds like a periodic assured to me as no section 20 issue. The other AST's don't really mean much.

                  If you are unsure about what to do seek professional Legal advice.


                  Latest Activity


                  • Attending Court - Advice Please
                    Hi there

                    I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
                    12-12-2017, 18:03 PM
                  • Reply to Attending Court - Advice Please
                    Well done: Hope someone got LOTS of evidence (eg photos) of tenant's departure, all belongings gone. You had questionable legal right to change locks: Until bailiffs "execute" the possession order there is still a tenancy, it's still the tenant's home, the tenant's property. Hopefully enough...
                    22-01-2018, 19:44 PM
                  • Section 21 query

                    I was looking for some advice in regards to a Section 21 served.

                    A 6-month tenancy was originally granted in September 2015. Upon expiry a new 1-year fixed term tenancy was signed. Is this a new tenancy or a replacement?

                    In September the EPC and GSC was given...
                    22-01-2018, 12:51 PM
                  • Reply to Section 21 query
                    I just wanted to make sure my landlord had done things right cause there are lots of things on the internet so its confusing but thank you i have as i don't want to be going through the eviction process with a small child id rather be out as soon as possible....
                    22-01-2018, 19:36 PM
                  • Invalid section 21 and limiting LL access
                    Hi everyone,

                    I was wondering if you can help me with my issues with my LL. Apologies for the long post, but I’m going through a very stressful time.

                    My landlord tried to increase my rent “illegally” in Sept/Oct and wanted me to sign a backdated agreement and requested...
                    22-01-2018, 15:27 PM
                  • Reply to Invalid section 21 and limiting LL access
                    All very well but realistically you can simply refuse access, change locks, say it's not convenient then. Yes they may have a contractual right but to enforce it they'd need a court order, which would take about as long as evicting you.

                    And which potential purchaser is going to await a...
                    22-01-2018, 18:36 PM
                  • Possession claim 'struck out' what can i do next
                    I filed a section 8 notice (correctly i believe) then a possession claim on line. The court hearing was 6th Dec - in stupidity or naivety having had no experience with the law before, i did not realise i had to attend the court hearing for a straightforward case of rental arrears (tenant owes £3000...
                    10-01-2018, 09:22 AM
                  • Reply to Possession claim 'struck out' what can i do next
                    Id try and get it reinstated, if she didnt show the first time or make arrangments to pay its unlikely she will the second time, I recently had to fly back from the US to attend court on a section 8 and was in and out in 15 minutes - good luck to you.
                    22-01-2018, 18:22 PM
                  • Reply to Invalid section 21 and limiting LL access
                    Yeah, i read all 33 pages of the thread... it is difficult though to understand exactly where i stand when it's so personal, rather than theoretical question!

                    They already pointed out which clauses say they can come in. There's one that says the landlord, his agent and any person authorised...
                    22-01-2018, 18:09 PM
                  • Reply to Attending Court - Advice Please

                    Ok I flew home to attend court on 4th January, I was in and out in 15 minutes, possession was granted on rent arrears alone and anyone living in the house was given 14 days to leave, the tenant was also ordered to pay all arrears and court fee.

                    This meant they had to...
                    22-01-2018, 18:05 PM