rent increase after tenancy run out

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    rent increase after tenancy run out

    I am new here. Please be patient. The tenancy states, landlord should give two months notice to let the tenants go. The tenants give landlord one month notice if they want to go.

    The tenancy will be ended in two weeks. I am the landlord. I talked to the Tenants about the rent increase for next year about two month ago. But nothing was put in writing. Is it too late to tell them that the rent will be increased when the new tenancy started for the 2nd year? Or should I put it in writing two months before the end of the tenancy?

    If I put it in writing now, does that mean that the tenants can stay for 2 months as the roll over of the old tenancy if they do not agree to accept it, before they go? Or perhaps they can go by giving me one month notice?

    #2
    You can serve a section 13 notice which, if you serve it now, will take effect on the 2nd rentday of the new tenancy year. See this, from post #10. http://www.landlordzone.co.uk/forums...ad.php?t=30583

    Alternatively, you can issue the tenants with a new AST. They don't have to accept this though, they can continue for-ever on the current contract (which automatically becomes a Statutory Periodic Tenancy) until you evict them via the s21 process or they give the statutory one months notice. If the tenants paid a deposit, and you haven't protected it, you can not issue an s21.

    Remember, if the tenants want to leave on the last day of the current tenancy, they don't HAVE to give you any notice at all.

    Comment


      #3
      The one month rent deposit is protected. I can serve the s21 or s8 to evict them. However, I would rather they go voluntarily by giving me one month notice or no notice at all. They are on LHA and always delay the rent payment. They breach the tenancy agreement (keep dogs, other pets, doing business, smoking inside, accept paid guests, cut all my trees, etc), rude and nasty. If I serve s21 or s8, they will stop paying the rent and I will be ended with a damaged, dirty house. The deposit is only one month rent, only cover the 2nd month rent if I am lucky and they go in 2 months time. If they refuse to go, I will be ended up with damage, dirty house, plus several months rent arrears, plus the court fees solicitors fees etc.. I do not know what is best way to let them go, so I will suffer less damage.

      Comment


        #4
        Originally posted by confuse View Post
        The one month rent deposit is protected. I can serve the s21 or s8 to evict them. However, I would rather they go voluntarily by giving me one month notice or no notice at all. They are on LHA and always delay the rent payment. They breach the tenancy agreement (keep dogs, other pets, doing business, smoking inside, accept paid guests, cut all my trees, etc), rude and nasty. If I serve s21 or s8, they will stop paying the rent and I will be ended with a damaged, dirty house. The deposit is only one month rent, only cover the 2nd month rent if I am lucky and they go in 2 months time. If they refuse to go, I will be ended up with damage, dirty house, plus several months rent arrears, plus the court fees solicitors fees etc.. I do not know what is best way to let them go, so I will suffer less damage.
        Firstly, for a s8 or s21 there is no need to employ a solicitor.

        The tenants can, of course, leave voluntarily at any time - but apply any pressure for them to leave, and you open up the possibility of 'illegal eviction' allegations - and you DONT want that.

        Without such 'encouragement', why else would they leave voluntarily - they will find it difficult to find the deposit for another place and the council won't rehome them until you go through the courts.

        Realistically, a section 8 notice, which only requires 2 weeks notice, is only likely to be effective if the tenants have 2 month rent unpaid now, and remain 2 months unpaid on the court date. The other grounds for eviction are mainly 'discretionary', ie the judge will decide if the breaches are serious enough to warrant their eviction.

        Other than that, you are just going to have to go down the s21 route. If they are on benefits, you can have the Housing Benefit paid to you once they miss 2 payments.

        If you serve an s21 before the AST ends, it is an s21(1)(b) and requires 2 months notice. If you wait until after, it is an s21(4)(a) and this requires a minimum of 2 months notice, expiring on the last day of a tenancy period. In your case, this would be the same day of the month as the last day of the AST.

        The '2 months notice' in your AST will have to be in the form of an s21 to have any validity.

        Next time, as well as a deposit - if you are letting to people of limited means - always get a working homeowner as a guarantor, then you can successfully sue the guarantor if the tenant defaults or causes damage.

        Comment


          #5
          Inform the housing benefit in writing everytime they are late forwarding their rent.

          If you decide to get rid of them and they withhold the rent, call the housing benefit dept and get the claim suspended immediately.

          This will put a temporary stop on them receiving further payments. During this time write a letter to the housing benefit department informing them the reasons why you require to be paid direct.

          If the tenants owe 8 weeks money, you will get paid with little question, less than 8 weeks is discretionary, but if the housing officer dealing with it uses a modicum of commmon sense(rare, but happens) you will get paid directly earlier.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Thank you very much

            Originally posted by thesaint View Post
            Inform the housing benefit in writing everytime they are late forwarding their rent.

            If you decide to get rid of them and they withhold the rent, call the housing benefit dept and get the claim suspended immediately.

            This will put a temporary stop on them receiving further payments. During this time write a letter to the housing benefit department informing them the reasons why you require to be paid direct.

            If the tenants owe 8 weeks money, you will get paid with little question, less than 8 weeks is discretionary, but if the housing officer dealing with it uses a modicum of commmon sense(rare, but happens) you will get paid directly earlier.
            Are you saying that if they delayed the rent payment for one day, I can call the housing benefit dept. to suspend their claims? At this moment, they get the benefit direct into their account. But they hold the money at least for one week before paying the rent. I thought I have to wait at least 5 weeks without the rent payment before call the benefit department.

            Particularly, if I serve the s21 immediately after received the one month rent, it is very likely, they will stop paying the 2nd month rent. The consequence is I cannot get the 2nd month rent if they go. I am not sure if the benefit department will do anything about it. May be, the tenants just can get away with it and continue to cheat to other body.

            When they moved in at the first place, the man had a job. And they had the LHA as well. About 1-2 month later, he was unemployed. The rent insurance expired in 6 month time. Afterward, there is no possibility to buy the rent insurance for LHA people.

            Comment


              #7
              No, if they delay payment, they only owe one months rent. You can only get benefit paid directly when two months are unpaid - and in some areas, you will have to battle for this as many local authorities still follow earlier guidelines which said they had to be 8 weeks in arrears (ie almost 3 months unpaid).

              As you had rent-guarantee insurance, did this not offer you the chance to evict your tenants using their own solicitors - it usually does?

              You can buy rent insurance for LHA - but they will need a guarantor, this is pretty much an essential requirement for all LHA tenants seeking a property.

              Comment


                #8
                The tenants have been in the house for 1 year. The rent insurance was expired in 6 months. Since they were unemployed 2 months after they moved in, I have no chance to buy the rent insurance for the 2nd policy. It is impossible to find the guarantor for them. Their parents are on benefits too, as you can image.

                If I knew they were going to be unemployed, I would not accept them at the first place. Now, I am in big trouble. I will lose the rent, and the house will be damaged without deposit to cover. A typical story of a landlord with benefit Tenants.

                Comment


                  #9
                  Originally posted by confuse View Post
                  Are you saying that if they delayed the rent payment for one day, I can call the housing benefit dept. to suspend their claims?
                  Yes.

                  Originally posted by confuse View Post
                  At this moment, they get the benefit direct into their account. But they hold the money at least for one week before paying the rent.
                  That's not something I would be concerned about to be honest.


                  Originally posted by confuse View Post
                  I thought I have to wait at least 5 weeks without the rent payment before call the benefit department.
                  No, if it's late, it's late.


                  Originally posted by Snorkerz View Post
                  No, if they delay payment, they only owe one months rent. You can only get benefit paid directly when two months are unpaid - and in some areas, you will have to battle for this as many local authorities still follow earlier guidelines which said they had to be 8 weeks in arrears (ie almost 3 months unpaid).
                  You can only be "certain", but you can get it paid earlier.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by Snorkerz View Post
                    No, if they delay payment, they only owe one months rent. You can only get benefit paid directly when two months are unpaid - and in some areas, you will have to battle for this as many local authorities still follow earlier guidelines which said they had to be 8 weeks in arrears (ie almost 3 months unpaid).
                    Originally posted by thesaint View Post
                    You can only be "certain", but you can get it paid earlier.
                    As I seem to recall you have previous experience in this field - I shall bow to your knowledge.

                    Comment


                      #11
                      QUOTE: <<<If you decide to get rid of them and they withhold the rent, call the housing benefit dept and get the claim suspended immediately.>>>

                      Dear, I do not know if the housing benefit can be suspended immediately if the tenants withhold the rent for less than 8 weeks. After 8 weeks, the rent should be paid into the landlord direct. What is going to happen for the 8 weeks rent? Are the councils going to give up or ask the claimant to pay back by 5 pounds/pw? Who cares about the 5 pounds/pw, which is much less than their cigarette cost per day!!!

                      Comment


                        #12
                        Originally posted by confuse View Post
                        QUOTE: <<<If you decide to get rid of them and they withhold the rent, call the housing benefit dept and get the claim suspended immediately.>>>

                        Dear, I do not know if the housing benefit can be suspended immediately if the tenants withhold the rent for less than 8 weeks. After 8 weeks, the rent should be paid into the landlord direct. What is going to happen for the 8 weeks rent? Are the councils going to give up or ask the claimant to pay back by 5 pounds/pw? Who cares about the 5 pounds/pw, which is much less than their cigarette cost per day!!!
                        The council won't do anything about the 8 weeks rent. They have paid the tenant, there is the end of it. It is your contract with the tenant that needs to be enforced. If you sadly agreed to a tenancy without making contingency plans for this situation (eg a guarantor) then although you will easily get a court order for the missing rent, you may not be able to enforce it. If they have no money, they can't pay you. It may not be fair, but that's the reality of it.

                        Comment


                          #13
                          My question is: is the council going to do something about the rent? (Of course the landlord will loose out). The council paid the claimants but they withhold the money. Is the council going to leave it this way? Will this affect the claimants future to claim further benefits at all? Or the council will ask the rent money be back in one way or another even the landlord won't get it.

                          Comment


                            #14
                            Originally posted by confuse View Post
                            My question is: is the council going to do something about the rent? (Of course the landlord will loose out). The council paid the claimants but they withhold the money. Is the council going to leave it this way? Will this affect the claimants future to claim further benefits at all? Or the council will ask the rent money be back in one way or another even the landlord won't get it.
                            The answer is, sadly, not a lot. Once the council has paid the money to the tenants they consider their duty done. It is not even considered to be theft. We have had this discussion ad infinitum. If you don't get your money then try to get the council to pay you direct, you might as well write off the money owing since they are unlikely to have any funds to pay a court order.

                            The only thing the council will do is claw back money from the tenant if the claim itself was fraudulent. Beware, if you are being paid direct and the claim proves to be fraudulent, then the council will claw the money back from you
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment


                              #15
                              After read all of your replies, I feel the law and regulations are not protecting landlord at all. LHA tenants always have excuses ( or no excuses at all) to refuse to pay the rent and landlords always have difficulties to buy rent insurance, or evict them. What is the point to let properties to the LHA tenants? The system is really strange. I am the one who was fooled at the first place so the LHA people got into my property. I wonder if any landlords would like to accept the LHA people at all.

                              Comment

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