Increasing rent

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    #16
    Even if it looks bad, it's not an issue that can do anything except maybe colour the judges opinion of the landlord.
    It can't affect the decision.
    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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      #17
      Originally posted by jpkeates View Post
      Even if it looks bad, it's not an issue that can do anything except maybe colour the judges opinion of the landlord.
      It can't affect the decision.
      They can't be more harsh? Grant possession but give T longer to vacate, for instance? From what I have read on here a lot depends on the judge. But I've never had to go through it myself, thankfully.
      Assume I know nothing.

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        #18
        Originally posted by Hooper View Post
        They can't be more harsh? Grant possession but give T longer to vacate, for instance? From what I have read on here a lot depends on the judge. But I've never had to go through it myself, thankfully.
        I've only been involved at a possession hearing on the "other" side (it was my parents in law before anyone accuses me of landlord bashing!).

        The maximum that a judge can give to vacate is 42 days (instead of the standard 14).
        They can award costs the other way, but they shouldn't.

        Part of being a judge is not obviously doing anything that looks like bias.
        So they might be extra diligent in checking the notice is valid and consider any 50:50 decisions in favour of the tenant. but they shouldn't do anything that might cause them an issue in the future.
        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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          #19
          Hmmmmm….. thanks everyone. I think the way forward is to write informing T about the rent increase and send a s13. Their s21 ends on 5th Dec anyway so the rent increase will start from January when they should be out anyway ( that’s a bit of a laugh I know 🤪).

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            #20
            Goodness this has got complicated!

            From the OP it looks fairly straight forward - write to your tenant and say the rent is going up per tenancy agreement. If the tenant agrees and pays all is sorted.

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              #21
              Originally posted by jpucng62 View Post
              write to your tenant and say the rent is going up per tenancy agreement. If the tenant agrees and pays all is sorted.
              I'm all for being optimistic but advising L to rely on T agreeing to a rent increase seems a little unhelpful in the circumstances. If you take a moment to read the thread you will understand that T is already refusing to pay the present rent and has already been issued with both S8 and S21.

              The point of the s.13 is to avoid needing T's agreement a rent review. The main question being asked is whether a s.13 would be valid.
              Assume I know nothing.

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                #22
                Hooper,

                I did read the thread and my take is that the tenant is paying the rent - just not a disputed bill. The OP did not ask about S13 - that is the way the thread went - I went back to the OP's original question!

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                  #23
                  Got it sorted! (I think).
                  the clause in my TA states only the frequency of the increase but not by how much do I can use a section 13 (form 4).

                  thanks everyone 🙂

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