Rent increase by s.13 never took effect

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    Rent increase by s.13 never took effect

    I rented out my former home to a young woman and her son in Sept 05 at a rent (£350 pcm) below the local market rate as I wanted to get the property let quickly. She applied for and received full housing benefit covering this amount to be paid directly to me.
    I served a Section 13 notice on her in November 2006 with a rent increase to £425pcm (this was still below the rate for other similar properties in the area). She submitted this to the council, to be told that rent increases are only considered on the anniversary of the start of the tenancy. I agreed not to charge the tenant the increase until it was reviewed by the Rent Service, but in Sept 07 the decision came back that £350 was the appropriate rent. I was ill at the time and did not pursue the issue. The rent therefore has remained the same.
    The LHA for two bedroomed houses in my area is £475.02 per month, but I would be satisfied with £425. Should I do another Section 13 notice for my tenant to submit to the council? A new tenancy agreement is another option, but there would no doubt be a delay before the new housing benefit claim was paid and I would have to arrange for deposit protection.
    Sorry this is so long-winded, hope it makes sense.

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  • Reply to End of tenancy questions
    by leasee123
    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?...
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    by leasee123
    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...
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    Hi,

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  • Reply to End of tenancy questions
    by jpkeates
    You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

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    02-12-2021, 09:50 AM
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    by leasee123
    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?
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