rent increase.

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  • rent increase.

    Hi

    I have just created a fixed 3 month contract for a new tenancy. However once the fixed contract ends i do not want to continue it as a periodioc contract but i am intending on creating a new contract if the tenants wish to stay on.

    But in the new contract i would like to incease the rent. I would like to know what notice period do i need to give? Is 1 months notice sufficient or do i have to give 2 months?

    There is nothing in the AST contract regarding rent increase. Do i need to issue a section 13 notice cos as far as i am aware this notice is for periodic tenancies?

    Would a letter which includes the details of the tenancy and says ......"if you would like to renew the contract once this one ends the new rent will be ££££". .....be sufficient?

    Thank You.

  • #2
    the contract is for a room in a shared house (HMO)

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    • #3
      If you create a new letting, the s.13 procedure is not applicable. You are not actually increasing rent [on a continuing tenancy] but reserving a new rent on a new tenancy.
      In your proposed letter, therefore, don't invite 'renewal' of tenancy. Instead, state that "If you wish to obtain a further fixed-term tenancy when the existing one expires, the rent for the new tenancy would be £... subject to contract."
      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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      • #4
        Thanks Jeffrey. Thats what i will write. But how much notice do i need to give? Whens the latest i can give them the letter?

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        • #5
          Originally posted by L123 View Post
          Thanks Jeffrey. Thats what i will write. But how much notice do i need to give? Whens the latest i can give them the letter?
          Notice? What Notice? Notice under s.13 might have applied if you were increasing an EXISTING AST's rent; you are not.
          You can send your letter to T at any time- the sooner, the better. In case T wants to argue, it might have been a good idea to send it at least two to three months before existing AST expiry, so you could serve a s.21 Notice to turf him out on that expiry if need be.
          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

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