Rent Increases and notice periods

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  • Rent Increases and notice periods

    as Landlord preciding over an "Assured Tenancy" in England,

    can i introduce a rent increase upon 1 weeks notice?

    is there a prescribed form?

    Can the Tenant refuse the increase?

  • #2
    Originally posted by julie mist View Post
    as Landlord preciding over an "Assured Tenancy" in England,

    can i introduce a rent increase upon 1 weeks notice?

    is there a prescribed form?

    Can the Tenant refuse the increase?
    Have a look at section 13 here.

    http://www.letlink.co.uk/letting-sta...-1988.html#IRU
    Dial 999 For a Landlord

    Comment


    • #3
      Originally posted by julie mist View Post
      as Landlord preciding over an "Assured Tenancy" in England,

      can i introduce a rent increase upon 1 weeks notice?

      is there a prescribed form?

      Can the Tenant refuse the increase?
      Is the letting:
      a. an Assured Shorthold Tenancy (under the Housing Act 1988);
      b. a Standard Assured Tenancy (ditto); or
      c. an Assured Tenancy arising under pre-1988 legislation?
      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).

      Comment


      • #4
        tenancy began between 15 January 1989 and 27 February 1997. no s.20 notice served.

        1. an Assured Shorthold Tenancy (under the Housing Act 1988).

        Comment


        • #5
          Originally posted by julie mist View Post
          tenancy began between 15 January 1989 and 27 February 1997. no s.20 notice served.

          1. an Assured Shorthold Tenancy (under the Housing Act 1988).
          NO! If a s.20 Notice was not served, it must be a Standard Assured Tenancy.
          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).

          Comment


          • #6
            sorry yes it is "Standard Assured Tenancy".

            I have written to Tenant giving notice of the increase.
            Tenant agreed in principle, but has contiued payments at the previous level.
            I have repeatedly written back to Tenant explaining that they are now in arrears.
            Tenant ignores my letters and the arrears.

            Could my Tenant in any way hold me to account on this matter?

            Comment


            • #7
              If your s.13 Notice was correct in all respects, it makes the new (increased) rent payable. T is therefore now in arrears.
              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).

              Comment


              • #8
                Originally posted by jeffrey View Post
                If your s.13 Notice was correct in all respects, it makes the new (increased) rent payable. T is therefore now in arrears.
                and without s.13?

                Comment


                • #9
                  Originally posted by julie mist View Post
                  and without s.13?
                  The only other way to obtain a larger rent, in the absence of a rent-increase mechanism in the existing Letting Agreement, is:
                  a. to terminate it (if lawful); and
                  b. to offer a new one at the increased rent.
                  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).

                  Comment


                  • #10
                    So it would seem that i am completely wrong to insist on arrears as Tenant is under no obligation to accept my increase.

                    could my actions be tecnically harassing tenant?

                    Comment


                    • #11
                      Originally posted by julie mist View Post
                      So it would seem that i am completely wrong to insist on arrears as Tenant is under no obligation to accept my increase.

                      could my actions be tecnically harassing tenant?
                      In your post #6, what did this bit mean- what form of Notice did you use?

                      I have written to Tenant giving notice of the increase.
                      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).

                      Comment


                      • #12
                        I wrote a letter to tenant in which i said that from next week the rent would increase and the new rent payable would now be X amount.

                        Comment


                        • #13
                          OK- too informal so does not work.
                          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).

                          Comment


                          • #14
                            Old thread but I'm in same situation where T paid more rent than lease stipulated. No notice of increase was served by me, does that make rent increase legal? What I mean is that I sent a letter proposing a rental increase but never served a Section 13.

                            Comment


                            • #15
                              SurlySally,

                              I know you asked this a few weeks ago, but if the tenant accepted the new rent, then you're good to go.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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