Rent increase/Deposit

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

    #16
    Any particular reason why you are not willing to protect the deposit even though you know you should have?
    well i think they will not understand how it all works , i think they will belive that i have taken all deposit and will not leave till they have got the money back.

    S13 must be served with 1 tenancy period notice and T can challenge it. So at this point you may not increase rent starting in December. The first opportunity is January.
    so if they have not left by the 1st , i am going protect the deposit then send them a s13 notice to increase rent form 1st jan is that correct?

    T can challenge it
    i thought that you can increase the rent as soon as ast comes to and end?

    Comment


      #17
      Originally posted by disco View Post
      Ii thought that you can increase the rent as soon as ast comes to and end?
      Yes, if:
      a. that's at least twelve months from when it began and rent remained unchanged during it; or
      b. you grant a new AST (fixed term or contractually periodic) at the higher 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


        #18
        Originally posted by MrJohnnyB View Post
        A long time? It's not really that bad is it?!
        I am going through a single claim process for a tenant that has done a runner. It's been about 3 weeks now, I can let you know when the money comes through if you're interested?

        Originally posted by MrJohnnyB View Post
        It's probably easier than feeling ransomed to giving back all the money rather than making deductions if the property has not been left in the state it should have.
        If I was held to ransom, I would protect the money at that point, and drag it out as long as humanly possible.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #19
          Originally posted by thesaint View Post
          I am going through a single claim process for a tenant that has done a runner. It's been about 3 weeks now, I can let you know when the money comes through if you're interested?



          If I was held to ransom, I would protect the money at that point, and drag it out as long as humanly possible.
          Good points. Yeah I would be interested as its nothing I have any experience in at present solely dealing with Commercial property but like to keep myself up to date on these things, possible future dealings with residential/ me being slightly nosey/ advising friends! Thanks.
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

          Comment


            #20
            so for the rent increase they can challage it right , how would they go about doing that will they need to go to court ?

            Comment


              #21
              They would goto a Rent Tribunal I believe. Effectively if you can prove that the increase is to OMV then you should be ok. If your property is genuinely comparable to all those in the area that is.
              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

              Comment


                #22
                Yes- the appeal is under s.22 of the Housing Act 1988.

                22. Reference of excessive rents to rent assessment committee.

                (1) Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy may make an application in the prescribed form to a rent assessment committee for a determination of the rent which, in the committee’s opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy.

                (2) No application may be made under this section if:
                (a) the rent payable under the tenancy is a rent previously determined under this section;
                (aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or
                (b) the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section).

                (3) Where an application is made to a rent assessment committee under subsection (1) above with respect to the rent under an assured shorthold tenancy, the committee shall not make such a determination as is referred to in that subsection unless they consider:
                (a) that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and
                (b) that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.

                (4) Where, on an application under this section, a rent assessment committee make a determination of a rent for an assured shorthold tenancy:
                (a) the determination shall have effect from such date as the committee may direct, not being earlier than the date of the application;
                (b) if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and
                (c) no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect.

                (5) Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates.

                (5A) Where:
                (a) an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and
                (b) at the time when it so ceases to be an assured shorthold tenancy there is pending before a rent assessment committee an application in relation to it under this section,
                the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.

                (6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.
                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

                Latest Activity

                Collapse

                • Reply to Joint tenancy agreement, 1 tenant has already moved out
                  by DoricPixie
                  In the opening post you said there was 6 month fixed term AST with both your niece and her now-ex-partner named as joint tenants. Now you are saying there was never a tenancy agreement drawn up.

                  With the benefit of hindsight it would have been better if you'd had your niece pay money into...
                  27-10-2021, 06:33 AM
                • Joint tenancy agreement, 1 tenant has already moved out
                  by Yorkie2020
                  Good evening all,

                  I wonder if I could get some advice on ending an AST tenancy in England.

                  Originally a 6 month AST last Sept between my niece and her partner, I foolishly listed both on the AST as joint tenants and didn't list him as a permitted, there was no deposit paid....
                  20-10-2021, 19:44 PM
                • Reply to Joint tenancy agreement, 1 tenant has already moved out
                  by Yorkie2020
                  Guess I've been very lucky this time. My niece has informed her partner that she is ending the tenancy and signing up for a new one in her name only and he is ok with it. She did point out that he will no longer be responsible for any more rent or bills when it's totally in her name.
                  JPkeats,...
                  27-10-2021, 02:02 AM
                • Reply to Increasing rent
                  by jpkeates
                  There may be something on the NRLA website, but I don't know of a standard template.

                  To be honest that clause doesn't seem to help you a lot, it stops you using a s13 notice (I'd wrongly assumed that because it said "may" you'd be able to) but doesn't actually help you with an...
                  26-10-2021, 17:37 PM
                • Increasing rent
                  by Berlingogirl
                  Tenancy start date May 2020 in England. 6 month initial AST.
                  My tenancy agreement says
                  “The landlord may increase the rent after the first 52 weeks of the tenancy…..”
                  Is there a specific form I should use?...
                  26-10-2021, 13:33 PM
                • Reply to Increasing rent
                  by Berlingogirl
                  Thanks jpkeates, I looked at the form 13 but that’s for if you don’t have anything in your tenancy agreement with regard to a rent increase. Is there a pro forma for a rent increase if there is a condition in your TA?
                  26-10-2021, 17:05 PM
                • Reply to Increasing rent
                  by jpkeates
                  If the tenancy is now an SPT, and you want to be ever so formal (and impose the increase without any agreement), search for form 13 (which is called something else on the government's tenancy forms page).

                  Otherwise, you just need to get the tenant to agree and start paying the new rent...
                  26-10-2021, 13:58 PM
                • Reply to Advanced rent and S21 Notices
                  by jpkeates
                  It is quite likely that the 2 additional months might be seen as a deposit, unless the tenancy agreement is very specific about the initial payment being for months 1, 5 and 6.

                  If it is a deposit, you won't be able to use a s21 notice without returning it and the deposit will be unlawful...
                  26-10-2021, 08:35 AM
                • Advanced rent and S21 Notices
                  by Shorif908
                  Hi All,

                  I have recently had new tenants move in.
                  the estate agent did the whole thing and put them in.

                  The arrangement with rent payments was this. 6 months AST Tennants pay last 3 months rent in advance and then make 3 monthly payments in advance. Ie start of the month....
                  26-10-2021, 08:06 AM
                • Reply to Advanced rent and S21 Notices
                  by Lesney Park
                  BUT to answer your question, yes the 3 months very much look like an unlawful deposit, being for a non-defined period (the last 3 months of a tenancy). If it is for a specific 3 months, its a bit lesss grey but then I'm wondering what you hope to achieve...
                  26-10-2021, 08:35 AM
                Working...
                X