Assured Tenant (not short) Rent Increase Rights...

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    Assured Tenant (not short) Rent Increase Rights...

    I am really really hoping someone can help me on here!

    I rented out a property to a friend to our flat in edninbugh in 2011. To be clear from the outset, the agreement does not state the period of the tennacy, the box was left blank so I have gathered this means our tenant is in a assured tennancy agreement. We now wish to sell the flat but under this old agreement that is not grounds for eviction. We have served a notice to quit, and now have served at AT2 form to increase the rent on the property. We have given 1 months notice for the rent increase.

    The person renting out the flat has now had some legal advise and we have receieved a letter stating that our rent increase is not lawful. they state this is because the AT2 form clearly states "where the assured tennancy is for 6 months or more then a period of notice of six months if required before an increase in rent can take place"

    My question is is this advise correct? if there was no term specificed on the agreeement originally then what is the current period of the tennacy? is it now 6 months? 12 months or rolling month by month? Also now that we have served a notice to quit does this not change the tennacy to a "statutory assured tennacy" and again mean we now are on a rolling month agreement?

    in summary we need to clarify if the AT2 still stands and the rent increase is due by the start of next month or are we wrong and we should have given 6 months notice before we could increased the rent?

    any help would be much appreciated!!

    #2
    Sounds like you have made a big mistake. I would get professional advice from someone like T C Young.

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      #3
      Thanks - i actually have a solictor involved but i seem to be stuggling to get a straight answer to this..

      my solicitor was the one that sent out the at2 form requesting the increase - hence the reason i was suprised when we receieved a letter back saying we couldnt do this without giving 6 months notice

      obviously i assume the solictors would know the law - hence me being on here to see if anyone can actually provide me with a correct answer or advise. i called t c young this morning for more advise but they are closed for BH

      Comment


        #4
        Does your current solicitor specialize in landlord/tenant matters? If he doesn't - and thus won't really know what he's doing - then move to someone like T C Young (recently used them, very professional - so far...).

        Alternatively you could always offer tenant a new tenancy under PRT at a reduced rent: Reduced, are you mad??

        - un no... You get the paperwork all nicely set up, PRT actually has a ground for eviction of selling (old Scottish AT & SaT didn't) and job done. Tenant just might sign....

        (No offence...) but what else got missed with the paperwork? Deposit protection, landlord registration, declaring rent income (all!!), gas & electric safety, EPC... ?? (When I started I got dumb things wrong... painful, expensive, long-drawn out: I too inadvertently created an AT not a SaT........)

        Slàinte mhath!
        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...

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          #5
          Oh dear, no start and end dates in a tenancy Agreement isn’t a good idea. My best advice is join the Scottish Association of Landlords, it will cost you £95, after that their advice is free. They are brilliant.

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