End of AST and Rental Increase

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  • End of AST and Rental Increase

    Hi I hope you can help, I have looked through the forums for relevant information but I wanted to get a concise answer to my particular question...
    The tenants in my property are finishing their 12 month AST in 2 months. I want to increase the rent at the end of the period and put them onto a new AST agreement.
    What is the best approach? Should I send them an official notice (S13?) now with a new tenancy agreement to sign and a covering letter explaining the increase in rent.
    If they dont want to pay increased rent I would like them to leave at the end of the period and find new tenants. Would I have to serve a S20 notice to get them to leave at the end of the tenancy?

    What are my legal obligations:
    A to increase the rent for the new tenancy and
    B to get the tenants out at the end of the 12 months if they dont want to pay increased rent.

    Thanks Dman

  • #2
    1. There is no point serving Notice under s.13. The procedure operates only for a periodic tenancy.
    2. Instead, you can:
    a. serve Notice under s.21 (to protect right ot obtain possession when old term ends); and
    b. send Counterpart of new AST (fixed term) for T to execute.
    3. Best is:
    a. first, to invite T to execute new Counterpart NOW, even though it will have commencement date in two months' time; and
    b. second, if T refuses to execute, serve s.21 at once.
    4. As you'll be serving s.21 Notice during old fixed term, it will be under s.21(1)(b). Its possession date will be after the LATER of:
    a. expiry of old fixed term; and
    b. two months from service date.
    5. Finally, upon new AST beginning, old one is impliedly ended.
    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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