Increasing rent after 6 month assured shorthold period has ended

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Increasing rent after 6 month assured shorthold period has ended

    Hi there,

    I have a rental property with tenants in at the moment who wish to stay long term. I found the tenants through an estate agent and it was them who prepared the assured shorthold tenancy agreement for the first 6 months. That period ended in December and I was told on another forum I did not need to do a new contract then as I was not changing any of the terms at that time, so the new contract just rolled on.

    I have now decided I wish to increase the rent and intend to give the tenants 2 months notice. How do I do this...is it just a case of writing to them giving them notice of the rent increase? and do I need to prepare a new contract once the increase has been implemented? or will a letter stating the changes be enough?

    Thanks for any advice.

  • #2
    Sorry, I don't think you can increase the rent within first 52 weeks of a tenancy.

    Housing Act 1988, section 13 (2)(b)(ii)

    Comment


    • #3
      Normally, its not possible to increase the rent during the fixed term (whatever the length). Unless
      1. there is a rent review clause in the agreement
      2. if an AST, then by use of Section 13 notice.

      Comment


      • #4
        Originally posted by havensRus View Post
        Normally, its not possible to increase the rent during the fixed term (whatever the length). Unless
        1. there is a rent review clause in the agreement
        2. if an AST, then by use of Section 13 notice.
        OP is outside fixed term, but I believe the 52 weeks applies

        Comment


        • #5
          Whether or not you can increase the rent using section 13 after the fixed period of the AST has ended, you can require your tenants to sign a new AST at the new rent and if they do not agree, you can give them two months notice using section 21 to remove them.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


          • #6
            Originally posted by Snorkerz View Post
            OP is outside fixed term, but I believe the 52 weeks applies
            If there is a valid rent review clause in the agreement then this can be relied upon regardless of whether 52 weeks have passed.

            Comment

            Latest Activity

            Collapse

            • Mouldy silicone wear and tear?
              aciduzzo
              Tenants are moving out today and i am doing the final inspection later; however, last time i was at the flat i noticed the bathroom was in a poor state.

              What is the general opinion on black mould that has formed inside bathroom silicone? Is it considered wear and tear? Also, the seal...
              03-07-2017, 08:07 AM
            • Reply to Mouldy silicone wear and tear?
              mystic08
              You might like to gift your new tenants some Kilrock mould cleaner which is magic in a bottle! Cheapest in the Pound shop or The Range but supermarkets sell it too. Works brilliantly on algae too. Garden pots, patios, headstones etc.
              22-07-2017, 20:52 PM
            • Discussion - GDPR and implications on landlords
              MrShed
              I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

              I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
              20-07-2017, 15:01 PM
            • Reply to Discussion - GDPR and implications on landlords
              jjlandlord
              That's the exemption that allows sending data outside of the EEA, which is the issue discussed.



              No, because of that very exemption....
              22-07-2017, 19:19 PM
            • Referencing question
              kangoo1
              A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
              I am going to prepare the ast...
              22-07-2017, 17:19 PM
            • Claiming for protected deposit
              mandm
              This is an interesting one, got me into a spin.
              Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
              I served the...
              21-07-2017, 08:00 AM
            • Reply to Claiming for protected deposit
              JK0
              I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
              22-07-2017, 16:28 PM
            • Reply to Discussion - GDPR and implications on landlords
              jpkeates
              That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

              So, while it might be OK because it relates to a contract, there...
              22-07-2017, 15:22 PM
            • Excessive estate agent fees
              Cml241
              I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
              21-07-2017, 16:26 PM
            • Reply to Excessive estate agent fees
              mariner
              A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
              Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
              22-07-2017, 14:09 PM
            Working...
            X