Increasing rent

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  • Increasing rent

    Hi
    Just want to check ... is there a special form that needs to be served on tenants to make a change in rent, or does it just have to be put to them in writing?
    I understand I have to give them one month's notice & can only increase once per year ... is this correct??

    Many thanks

  • #2
    Housing Act 1988

    Yes. Form should be available from a Law Stationers shop or website.

    Its heading should refer to section 13 of Act (as amended in 2003): "Landlord's Notice proposing new rent".

    Is fixed term still running or is T into "periodic" tenancy in which Act continues tenancy after term has expired? Different versions of form apply.

    Refer to section 13 (and form's notes) re time periods in your query.
    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).

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    • #3
      Try http://www.oyezformslink.co.uk for the required form.

      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.

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      • #4
        Originally posted by jeffrey View Post
        Yes. Form should be available from a Law Stationers shop or website.

        Its heading should refer to section 13 of Act (as amended in 2003): "Landlord's Notice proposing new rent".

        Is fixed term still running or is T into "periodic" tenancy in which Act continues tenancy after term has expired? Different versions of form apply.

        Refer to section 13 (and form's notes) re time periods in your query.
        None of the above applies if there is a clause within your AST to say how rent increases might be implemented as it over-rides the requirement to serve a S.13 Form 4B Notice. If you do need to serve a Notice then one can be obtained foc from the old odpm website: law stationers will charge; it's money for old rope as it's freely available. Don't forget to include the guidance Notes with it. Increasing the rent more than once a year is likely to be considered "unfair"
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        • #5
          I inserted this clause into the AST that I use

          "The monetary amount of the Rent payable is to be reviewed/increased either at the end of the Term of this Agreement or 12 months following the last review/increase. The Landlord or the Landlords Agent will give the Tenant a minimum of one months notice, in writing, confirming the alteration to the amount of the Rent payable by the Tenant and the date from which the alteration will take place. The Tenant shall pay the new amount from that date onwards."

          BTW, If this was a 6 month AST then although the clause says " increased at the end of the Term of this Agreement" I would not increase the rent after only six months as I feel that this would be unfair to the tenant

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          • #6
            This seems to be quite a hot topic at the moment, something to do with interest rate rises maybe. Be prepared for the tenants to walk, I've had a rent increase proposed (although it was just an informal email, the S13 hasn't turned up yet) and I'm not planning to stay on. This is odd as it will cost the landlord more than the rent increase in agent's fees alone never mind any voids which are bound to happen as it looks like I'll be moving shortly before Christmas. I've the pain of moving but have seen other places at better value so will end up saving in the long run...

            Ah well, more inflation... more interest rate rises...
            ~~~~~

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