Rent increase - Scotland

[AllezAllez]

Tenant has a SAT (issued prior to December 2017) how much notice do I need to give for a rent increase? I’ve checked the agreement and it doesn’t make any reference.

[jpkeates]

Can I suggest that this is moved to the Scotland Forum?

[AllezAllez]

Apologies, didn’t realise there was a Scottish form

[DoricPixie]

What happened after the initial fixed term ended? Did the tenancy automatically renew itself for the same length of time or did the tenancy agreement renew for a different time period eg monthly?

Are you positive the tenancy is a SAT? Did the tenant receive an AT5 form before the tenancy commenced?

[theartfullodger]

Welcome to LLZ.

SaL have a form for this with details etc on their website, for members...

https://scottishlandlords.com/resour...ts-factsheets/

Yes, can your prove tenant got AT5 prior to signing SaT?? (I got that wrong once...)

[AllezAllez]

I have a copy of the AT5. The Agreement says “the lease will continue on a month by month basis”

[theartfullodger]

The issue is, can you prove you served AT5 on tenant prior to them signing tenancy.

If not, if tenant disputes the matter, ftt/court will probably decide it's an AT not a SaT.

Rent increase not impacted by this, but eviction would be a challenge (nigh on impossible with no arrears).

The old advice was have landlord & tenant sign, time and date AT5, then (later time) likewise SaT.

[AllezAllez]

Both the AT5 and the SaT have the date and time they were signed. The time on the AT5 is earlier than on the SaT

[theartfullodger]

Great! Sending increase form today? Good luck.

[AllezAllez]

Thanks for the information, however, it hasn’t answered my original question

[theartfullodger]

Thanks for the information, however, it hasn’t answered my original question

See...
https://scotland.shelter.org.uk/hous...rent_increases

the bit on assured tenants (a SaT is a special form of AT)

- which states...

The amount of notice your landlord gives before the rent increase takes effect must be at least one rental period (so if you pay your rent monthly, you must receive at least one month's notice before your rent goes up).

When I last increased rent on a SaT I simply emailed tenant, informed her planned rent increase of £xx/month, and she then started paying it... Not certain of the legalities of that in Scotland (e.g. if one later wished to evict for rent arrears or claim the rent arrears..)