End of tenancy questions

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    End of tenancy questions

    Hi,

    I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course want their renewal fees etc). Tenants are fine for the most part, paid rent on time, no major issues so ideally would prefer to keep them on. But market rents are quite a bit higher than what they pay currently (property is in South London so was affected by poor demand early in the year, now rents are back to normal levels).

    I expect the agent to discuss with the tenants shortly about renewal etc. They know I am expecting the rent to be raised so this will be communicated. My questions are:

    1) If tenants don't agree to the rent increase and/or agree to leave at the end of the tenancy, do I still need to serve section 21 notice?

    2) If they don't leave by the end of the fixed term (even though section 21 was issued or was agreed with tenants they would leave) can I charge the higher rent for the months they stay after the end of the tenancy? In which case I need to serve section 13 as well and at which point? Or does a section 21 notice include what happens to rent if tenants decide to ignore the section 21?

    3) What are the timings for all of this? If a section 21 or 13 need to be served, when can they be served / how much notice needs to be given? The AST doesn't mention any notice period. I imagine because this is governed by general law anyway.

    Thanks

    #2
    To increase rent you usually give them 1 months notice, to serve notice you give them 2 months notice.

    1. If they serve notice and you or the agent accepts their notice to leave, then normally a T leaves, some however do not, and you would need to serve notice on them. The way the T doesn't agree to the rent increase is that they either communicate it or they simply do not pay the new rent.

    2. You can charge the new rent, even if they don't pay, this would then become arrears. S13 is formalising the rent increase.

    3. as above 1 month for rent increase, 2 months for notice to be served.

    You should communicate it with the agent and let them deal with the T, don't get involved if you have given them the task to do it. If you haven't and are doing it yourself, then communicate with them so they are aware of the situation.

    Comment


      #3
      Originally posted by ash72 View Post
      1. If they serve notice and you or the agent accepts their notice to leave, then normally a T leaves, some however do not, and you would need to serve notice on them
      If the tenant serves valid notice and doesn’t leave, the landlord doesn’t need to serve notice, they can go straight to court to evict.

      I am not sure where this thread has come from, when a fixed term ends, the lease carries on. There’s usually no expectation (outside student lets), that a fixed term is anything other than a start point.
      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


        #4
        But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?

        Comment


          #5
          Originally posted by leasee123 View Post
          But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
          You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

          The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous 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).

          Comment


            #6
            Originally posted by jpkeates View Post
            You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

            The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent.
            So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?

            Comment


              #7
              Originally posted by leasee123 View Post
              So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?
              It depends on what you're trying to achieve.

              The section 21 notice makes your intentions clearer and allows you to take court action to take back possession of your property if the tenant doesn't move out.
              A section 13 notice puts the rent up (assuming the tenant doesn't successfully appeal to a tribunal). But it makes the purpose of the section 21 less clear.

              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


                #8
                If what you're trying to achieve is a maximum 6 or 12 month let with a guarantee that they will leave, then that's impossible to guarantee and you shouldn't let the property in the first place. For tenants who have nowhere else to go or who simply refuse to leave the eviction process is up to a year at the moment, depending on the area they're in.

                Comment


                  #9
                  No, don't need to have the property back.

                  What I am concerned about is if the tenants don't leave by any agreed date (whether or not a section 21 had been sent) then will I be able to claim the "market" rent for the time they stayed beyond the end of the current fixed term.

                  That is why I am asking if it is advisable to submit a section 13 in any case to protect myself?

                  Comment

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