Sitting tenant- rent increases?

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  • Sitting tenant- rent increases?

    Hello

    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?

    Help!

    Thank you.

  • #2
    How long has the tenant been there?
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      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.

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      • #4
        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.

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        • #5
          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

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          • #6
            Brilliant - thanks very much!

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            • #7
              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?

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              • #8
                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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                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).

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                • #9
                  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.

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