Rent increase Form 4B Section 13(2) clarification

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    Rent increase Form 4B Section 13(2) clarification

    I'm renting a property on an Assured Shorthold Tenancy. The original fixed term was 6 months, after which point it became a rolling tenancy with a mutual break clause (2 months notice on landlord's side, one month on mine). I've been here for just under a year now.

    My rent has recently been increased effective from the start of my 2nd year of tenancy via the Form 4B method. It's a modest increase so I'm happy to pay it. I did wonder about something on the form though.

    Paragraphs 15 and 16 (below) confuse me slightly. Does this mean that the landlord can't increase the rent again for a year, or does it mean that because it's a rolling tenancy, he can increase it again at any time in the future?

    15. The second requirement applies in most cases (but see note 16 for two exceptions):
    (a) the starting date for the proposed new rent must not be earlier that 52 weeks after the date on which the rent was last increased using this statutory notice procedure or, if the tenancy is new, the date on which it started, unless
    (b) that would result in an increase date falling one week or more before the anniversary of the date in paragraph 3 of the notice, in which case the starting date must not be earlier than 53 weeks from the date on which the rent was last increased.

    This allows rent increases to take effect on a fixed day each year where the period of a tenancy is less than one month. For example, the rent for a weekly tenancy could be increased on, say, the first Monday in April. Where the period of a tenancy is monthly, quarterly, six monthly or yearly, rent increases can take effect on a fixed date, for example, 1st April.

    16. The two exceptions to the second requirement, which apply where a statutory tenancy has followed on from an earlier tenancy, are:
    - where the tenancy was originally for a fixed term (for instance, 6 months), but continues on a periodic basis (for instance, monthly) after the term ends; and
    - where the tenancy came into existence on the death of the previous tenant who had a regulated tenancy under the Rent Act 1977.

    In these cases the landlord may propose a new rent at once. However, the first and third requirements referred to in notes 14 and 17 must still be observed.

    #2
    And one other question - what are the legalities of disagreeing with any future proposed rent increases if it came to light that neighbouring tenants (in identical properties) were paying lower amounts?

    Comment


      #3
      1) Yes, the section 13 process can not be used within 52 weeks of the previous s13 rise. HOWEVER, if you agree a new fixed term now, that can be at a higher rate, and when that comes to an end (even if it is only 6 months away) the landlord can use s13 to increase that rent.
      2) If you appeal to the Rent Assessment Committee, they will look at your claim, and consider it against any other properties in the same area to assess a true market rent. That can not be done once you have accepted the rise, and it does not mean that your new rent would match theirs - there are dozens of different factors to take into account.
      2a) It is worth remembering that tenants who appeal to the RAC are on periodic tenancies, and may suddenly find themselves subject to a s21 eviction!

      Comment


        #4
        Originally posted by Snorkerz View Post
        2a) It is worth remembering that tenants who appeal to the RAC are on periodic tenancies, and may suddenly find themselves subject to a s21 eviction!
        Oh yes, I'm well aware that I wouldn't really have a legal leg to stand on in that kind of situation! Saying that, I'm happy with the property and the rent (even with the small increase), so fingers crossed that all continues to be hunky dory

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