Legally right way to increase the rent (in England)

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    Legally right way to increase the rent (in England)

    Hi. We have a tenant with who we need to do everything watertight from legal point of view in case it comes to court one day.

    We plan to increase rent which is long overdue, and still keep it below market value. Is sending an e-mail enough or do we have to send her the same letter in the post? We are also attaching a form called "Landlord's notice proposing a new rent under a short periodic tenancy of premises situated in England".

    Rent increase is below 10% and she has rented over a year with a tenancy rolling over.

    Thank you.

    #2
    If the tenancy is periodic, you can increase the rent by agreeing a new amount with the tenant and them starting to pay it.
    If you want a more formal agreement, you could put it in writing, but, again, when they start paying the new rent you propose, that's agreement enough.

    You can use a s13 notice, which is that government form, which unilaterally increases the rent, ie. the tenant has no choice, but it's quite restrictive, you have to give a period of notice and can only use the form once every 12 months.
    So less formal is, usually, better - unless the tenant doesn't want an increase and isn't prepared to agree one.
    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


      #3
      I would add, that if you have a deposit, you should adjust this to keep the 5 weeks limit, and re-issue the paperwork.

      Comment


        #4
        What if she claims that she hasn't received an e-mail (we have sent it)? I mean how it will stand in the eyes of the court. That's why I am asking if we need to send a letter in addition to e-mail.
        Yes, she may not want an increase or be prepared to agree one.

        Comment


          #5
          Then she hasn't agreed and nothing has changed, rent will continue to be due at the old rate.

          As stated if you want to force the issue, rather than agree it with them, issue a s13

          Comment


            #6
            If you are sending the S13 notice, make sure your tenancy allows communication and serving notice via email, if it does not then you need to send it via post (normal postage, does not need to be signed or tracked).

            Comment


              #7
              We ARE sending S13 notice and will be doing it both by e-mail and letter. I was asking if sending it by e-mail would be enough.

              Thank you to all those who advised. Much appreciated.

              Comment


                #8
                Originally posted by ash72 View Post
                I would add, that if you have a deposit, you should adjust this to keep the 5 weeks limit, and re-issue the paperwork.
                I'd 'umbly disagree: A load of work, paperwork, with the possibility of messing something up, just so there's a few more quid in deposit scheme?? Nah, not worth it...

                Now if it was a rent decrease, yes... (5 week limit...)
                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


                  #9
                  @Theartfollodger. Of course, not. It will only antagonise the tenant. Plus, if we aren't sure if she will be paying the increased rent, how on earth can we take even more money for a higher deposit.

                  And it has nothing to do with my original question. Looks like some people just tend to talk to themselves.

                  Comment


                    #10
                    I find that results in more rewarding conversation
                    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

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