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Moneyangel22
02-02-2010, 18:48 PM
Hi there,

I have a rental property with tenants in at the moment who wish to stay long term. I found the tenants through an estate agent and it was them who prepared the assured shorthold tenancy agreement for the first 6 months. That period ended in December and I was told on another forum I did not need to do a new contract then as I was not changing any of the terms at that time, so the new contract just rolled on.

I have now decided I wish to increase the rent and intend to give the tenants 2 months notice. How do I do this...is it just a case of writing to them giving them notice of the rent increase? and do I need to prepare a new contract once the increase has been implemented? or will a letter stating the changes be enough?

Thanks for any advice.

Snorkerz
02-02-2010, 19:35 PM
Sorry, I don't think you can increase the rent within first 52 weeks of a tenancy.

Housing Act 1988, section 13 (2)(b)(ii)

havensRus
02-02-2010, 21:21 PM
Normally, its not possible to increase the rent during the fixed term (whatever the length). Unless
1. there is a rent review clause in the agreement
2. if an AST, then by use of Section 13 notice.

Snorkerz
02-02-2010, 21:29 PM
Normally, its not possible to increase the rent during the fixed term (whatever the length). Unless
1. there is a rent review clause in the agreement
2. if an AST, then by use of Section 13 notice.OP is outside fixed term, but I believe the 52 weeks applies

P.Pilcher
02-02-2010, 21:34 PM
Whether or not you can increase the rent using section 13 after the fixed period of the AST has ended, you can require your tenants to sign a new AST at the new rent and if they do not agree, you can give them two months notice using section 21 to remove them.

P.P.

Preston
02-02-2010, 22:34 PM
OP is outside fixed term, but I believe the 52 weeks applies

If there is a valid rent review clause in the agreement then this can be relied upon regardless of whether 52 weeks have passed.