PDA

View Full Version : Rent increases



Plusabit
27-10-2005, 07:01 AM
Hi can you tell me the best way to implement a rent increase, I have been told a section 13 notice is best way. date wise, what do i have to watch fore ans does it have to be served on a certail date and what notice has to be given please?

Plusabit
27-10-2005, 07:02 AM
opps for the gramatially correct out there, that should have been for and and certain :D

Energise
27-10-2005, 08:58 AM
The date for the start of the new rent must comply with the following rules, which state a minimum period of notice which must be given:

1) one month for a tenancy which is monthly or for a lesser period, for instance weekly or fortnightly;

2) six months for a yearly tenancy;

3) in all other cases, a period equal to the length of the period of the tenancy, for example, three months in the case of a quarterly tenancy.

4) the starting date for the proposed new rent must not be earlier than the first anniversary of the date on which the rent was last increased using this statutory notice procedure or, if the tenancy is new, the date on which it started.

5) This rule does not apply in two cases where a statutory tenancy has followed on from an earlier tenancy. In these cases the landlord can propose a new rent at once, but the first and third rules must still be followed. These cases are:

a) where the tenancy was originally for a fixed term (for instance, 6 months), but continues on a periodic (for instance a monthly) basis after the term ends; and

b) where the tenancy came into existence on the death of the previous tenant who had a regulated tenancy under the Rent Act 1977.

The proposed new rent must start at the beginning of a period of the tenancy. For instance, if the tenancy is monthly, and started on the 20th of the month, rent will be payable on that day of the month, and a new rent must begin then, not on any other day of the month. If the tenancy is weekly, and started, for instance, on a Monday, the new rent must begin on a Monday.

Plusabit
28-10-2005, 07:03 AM
wow
so if a tenancy started on 16th of the month, but rent is payable on 1st of each month, is it ok to say.......as of 1 dec your rent will increase by !!! this will give more than a months notice, or should it be a month from the start of tenancy ie if tenacy started on 16th then to give increase notice now, it would have to be given by 16 november but a full month would mean new rent not payable till 16 Dec. So could give leaway until 1 Jan to keep in line with payments due 1st month. or! should Decembers rent be apportioned 1-16 on old rent 17-30 on new rent?
I would be easier to start the new rental on 1st but I know the rules are strict.
Thanks for your help

dazalock
28-10-2005, 08:00 AM
I think if the tenancy started on the 16th, then the rent is due on the 16th. If the tenant pays on the 1st, the LL is just accepting it as late.