Rent Increase Tenant refuses to sign

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  • Rent Increase Tenant refuses to sign

    We have over 260 properties and just recently some of the tenants have been given notice of a rent increase. They have been sent out new ASTs to sign and return along with new standing orders.
    A few of them have not returned the new ASTs with the rent increase on. Is there anything that we can do from a legal point of view to settle this. Could someone please email me back on mark@watermill-properties.co.uk many thanks.

  • #2
    Serve a Section 13 notice giving the tenants 1 months notice of increase.

    Comment


    • #3
      oh ditto!! Was just about the post the same.

      Comment


      • #4
        But do the s13 for a higher amount than on the TA - with the reason being the "uncertainty" as the AST was not returned.

        I find that this does tend to concentrate the mind of the tenant somewhat!
        On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

        Comment


        • #5
          Be careful of your dates, Section 13 can't be served just when you feel like it.

          Also, you can't force tenant to sign new AST if they don't want to. You've got to bring the old AST to an end first.

          Comment


          • #6
            Note: s.13 does not apply if existing Agreement (continuing) itself includes a rent increase procedure.
            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


            • #7
              Hi Jeffrey, just to clarify if a TA has a clause that states the folllowing:-

              1 The Landlord may increase the rent by serving on the tenant at least one months written notice stating the new rent and a date from which it is to be paid which date shall not be earlier than the latter of:-

              a) 12 months from the start date of the term
              b) 12 months after the date on which the last increase of rent took place


              does this mean we dont have to serve a S13 to increase the rent? and a simple letter abiding by rent payment dates is sufficient.

              We have always used S13 to increase the rents but obviously would make less paperwork if we did not have to legally. Thanks in advance.

              Comment


              • #8
                Originally posted by Poppy35 View Post
                Hi Jeffrey, just to clarify if a TA has a clause that states the folllowing:-

                1 The Landlord may increase the rent by serving on the tenant at least one months written notice stating the new rent and a date from which it is to be paid which date shall not be earlier than the latter of:-

                a) 12 months from the start date of the term
                b) 12 months after the date on which the last increase of rent took place


                does this mean we dont have to serve a S13 to increase the rent? and a simple letter abiding by rent payment dates is sufficient.

                We have always used S13 to increase the rents but obviously would make less paperwork if we did not have to legally. Thanks in advance.
                Yes it does. Section 13 covers cases where the Agreement lacks a rent increase clause; your Agreement contains one, so no need to use that section- just serve written Notice (no special format) on T.
                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


                • #9
                  Thanks very much. Have just served S13 on 10 tenants this week - never mind!!

                  Comment


                  • #10
                    SLIGHT CORRECTION: s.13 applies ONLY to periodic tenancies, not during a fixed-term. Sorry!
                    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


                    • #11
                      rent inrease

                      just a quickie - why r u putting the rent up? and how much by?

                      Comment

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