Raising the rent by 2%

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    Raising the rent by 2%

    Hi all,

    I am a private Landlord, I have a Tenant in my property who has been there for just over 2 years, the contract is now a rolling contract, I have written to the Tenant telling her that there will a rent increase of 2%. (I have hand delivered the letter, messaged her aswell). I have just been paid the same rent as before, I think she is not willing to pay the increase.
    The rent increase is £10 per month, I have not increased the rent before, but as everything surrounding Landlords have risen. I have explained in the letter that this is the reason for the increase.
    The rent for the property is below the going rate in the area even with the increase.
    I dont really want to lose the Tenant as she has paid promptly, and the the rent increase is £120 per year, but the increase is a minimal amount and is a must.

    I have messaged her stating that new rent is +£10 and that she has not paid in full.

    Could I deduct any shortfall of rent from the deposit?
    Or what other steps can I take?

    #2
    The rent hasn't increased.
    You have proposed a new rent, and they have refused to accept your proposal.

    You could force it by serving a valid s.13 notice, which will be binding.

    Comment


      #3
      She has paid in full: The rent has not been changed or agreed formally. You can't deduct any shortfall as there is no shortfall.

      If you wish to enforce rent change issue an s13 notice: Maybe s21 as a "hint" also.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Why only 2% if youve fallen behind market rents? 3 or 4% would seem quite reasonable all other things being equal

        Comment


          #5
          Originally posted by jjlandlord View Post
          The rent hasn't increased.
          You have proposed a new rent, and they have refused to accept your proposal.

          You could force it by serving a valid s.13 notice, which will be binding.
          Hi,
          Thank you all for the replies,
          I think this Tenant is playing plain ignorant, hoping that i would forget about it.
          I will keep reminding her that the rent increase is inevitable,

          does any one know where I can download a Section 13 notice for a Assured Shorthold Tenancy rent increase enforcement form?

          thank you again.

          Comment


            #6
            Originally posted by Sonnysade View Post
            .....does any one know where I can download a Section 13 notice for a Assured Shorthold Tenancy rent increase enforcement form?

            thank you again.
            Form 4 here...

            https://www.gov.uk/guidance/assured-tenancy-forms

            Tenant is not playing ignorant: You have suggested an increase: Tenant is not complying, as they don't have to, all entirely informed & correct. You have an absolute legal right to serve s13 and/or s21 if you wish (tenant may well know this also..)
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by Sonnysade View Post
              does any one know where I can download a Section 13 notice for a Assured Shorthold Tenancy rent increase enforcement form?
              http://lmgtfy.com/?q=+document+templ...tion+13+notice

              Second one down (gov.uk link)

              Comment


                #8
                Thank you for the Pointer,
                I think S21 may be going a little too far as I do not want to lose the Tenant for the £120 per year, this may not be economical at this stage.

                I will fill out the s13 form and hand deliver it, hopefull the Tenant will take it on board.
                If the Tenant does not pay after thes13, is it then possible to deduct the Deposit as a last resort because then there is shortfall in the rent.

                thank you in advance

                Comment


                  #9
                  Tenant is entitled to appeal against the increase: See what he does next (& get proof of service). Sending it with s21 is a rather strong "hint" to encourage agrreement.

                  If he doesn't appeal or loses appeal the new amount stands and you will be able to evict for s8 & recover shortfall from deposit (assuming spare cash - damages etc)
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment

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