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julie mist
02-03-2010, 11:33 AM
as Landlord preciding over an "Assured Tenancy" in England,

can i introduce a rent increase upon 1 weeks notice?

is there a prescribed form?

Can the Tenant refuse the increase?

Krispy
02-03-2010, 11:51 AM
as Landlord preciding over an "Assured Tenancy" in England,

can i introduce a rent increase upon 1 weeks notice?

is there a prescribed form?

Can the Tenant refuse the increase?

Have a look at section 13 here.

http://www.letlink.co.uk/letting-statutes/statutes/housing-act-1988.html#IRU

jeffrey
02-03-2010, 12:26 PM
as Landlord preciding over an "Assured Tenancy" in England,

can i introduce a rent increase upon 1 weeks notice?

is there a prescribed form?

Can the Tenant refuse the increase?
Is the letting:
a. an Assured Shorthold Tenancy (under the Housing Act 1988);
b. a Standard Assured Tenancy (ditto); or
c. an Assured Tenancy arising under pre-1988 legislation?

julie mist
02-03-2010, 13:00 PM
tenancy began between 15 January 1989 and 27 February 1997. no s.20 notice served.

1. an Assured Shorthold Tenancy (under the Housing Act 1988).

jeffrey
02-03-2010, 13:33 PM
tenancy began between 15 January 1989 and 27 February 1997. no s.20 notice served.

1. an Assured Shorthold Tenancy (under the Housing Act 1988).
NO! If a s.20 Notice was not served, it must be a Standard Assured Tenancy.

julie mist
03-03-2010, 12:01 PM
sorry yes it is "Standard Assured Tenancy".

I have written to Tenant giving notice of the increase.
Tenant agreed in principle, but has contiued payments at the previous level.
I have repeatedly written back to Tenant explaining that they are now in arrears.
Tenant ignores my letters and the arrears.

Could my Tenant in any way hold me to account on this matter?

jeffrey
03-03-2010, 12:02 PM
If your s.13 Notice was correct in all respects, it makes the new (increased) rent payable. T is therefore now in arrears.

julie mist
03-03-2010, 12:04 PM
If your s.13 Notice was correct in all respects, it makes the new (increased) rent payable. T is therefore now in arrears.

and without s.13?

jeffrey
03-03-2010, 12:14 PM
and without s.13?
The only other way to obtain a larger rent, in the absence of a rent-increase mechanism in the existing Letting Agreement, is:
a. to terminate it (if lawful); and
b. to offer a new one at the increased rent.

julie mist
03-03-2010, 12:20 PM
So it would seem that i am completely wrong to insist on arrears as Tenant is under no obligation to accept my increase.

could my actions be tecnically harassing tenant?

jeffrey
03-03-2010, 12:33 PM
So it would seem that i am completely wrong to insist on arrears as Tenant is under no obligation to accept my increase.

could my actions be tecnically harassing tenant?
In your post #6, what did this bit mean- what form of Notice did you use?

I have written to Tenant giving notice of the increase.

julie mist
03-03-2010, 15:41 PM
I wrote a letter to tenant in which i said that from next week the rent would increase and the new rent payable would now be X amount.

jeffrey
03-03-2010, 15:54 PM
OK- too informal so does not work.

SurlySally
16-02-2014, 07:10 AM
Old thread but I'm in same situation where T paid more rent than lease stipulated. No notice of increase was served by me, does that make rent increase legal? What I mean is that I sent a letter proposing a rental increase but never served a Section 13.

thesaint
03-03-2014, 09:52 AM
SurlySally,

I know you asked this a few weeks ago, but if the tenant accepted the new rent, then you're good to go.

SurlySally
27-03-2014, 22:41 PM
Actually, I've messed up!

I've never sent a notice proposing or requesting rent increase! I telephone my tenant in the house and have remembered telling them when I went to deliver a new gas hob. The tenant issued a claim against me for rent paid already, they put in their claim that no written notice was given my me and I've checked my files and they are right.

I had a meeting with the solicitor today to ask where I stand legally and he said that the judge would more than likely rule against me as rent increases must follow a prescribed method of increase with a clear 30 day notice period given to the tenant to allow them to challenge the rent or negotiate. As i only gave verbal notice, I am on shaky gorund legally if I go before a judge.

Is it a good idea to offer my T a month or two in rent to make this claim go away? I'm doing so many things wrong as a LL - please help with some constructive advice.

P.S. This is a property in Derby if that helps in anyway.

mariner
28-03-2014, 01:57 AM
You verbally proposed a rent increase after a certain date, & the T paid the increase?

Without a written letter or s13, the T did not need to pay the increase, not pay and then claim back. Payment signifies acceptance IMO

Rent increases should only take effect from start of next rent periiod

Write (letter) to T, accepting you only discussed the increase verbally and thought she accepted, as demonstrated byher increased payment.
Either return tihe overpayment or credit her rent statement.
Serve a dated s13 before end of current rent period to take effect min 30 days later at start of rel rent due date (provided currentl rent was set more than 12 months ago).
She either pays increase or appeals withi 30 days, to First Level Tribunal (Rent Assessment Committee) for binding decision of a 'fair' rent increas valid for 12 months

Hopefully the Judge may realise T may have set you up for claim.
Don't know if verbal rent increases are acceptable, but verbal ASTs <3 yrs are valid.
How much was the increase, over what length of time?

jjlandlord
28-03-2014, 06:35 AM
Contract needs not be in writing so if a change of terms is proposed and demonstrably accepted then IMHO it is binding.

Note that a s.13 notice period is 1 month and that the previous rent increase only matters if it was through a previous s.13 notice.

jpkeates
28-03-2014, 07:26 AM
If you return the overpayment (in money or in the form of rental "credit") the issue is resolved.
The tenant could technically probably claim for interest, but as they have actually been paying the rent that you thought had been agreed, that doesn't seem reasonable.
And the court would have to decide if it was or wasn't.

There's no damage done to either party.
Then you can issue the proper notices and continue as before.

Everybody makes mistakes as a landlord - there's no manual.

jjlandlord
28-03-2014, 07:49 AM
How many times did the tenant pay the increased rent?

If only once, IMHO you are on very shaky grounds as he will claim (or is claiming) that the payment was made in error.
If he paid it several months in a row, your defence that increase was orally agreed is stronger.

In any case, I would not offer the tenant any extra money as you propose. This is a small claims track case, so any cost would be low, quite less than a month rent.

If you want to end it, you can reply to the claim papers stating that you accept that you owe the money and pay up.

It seems that your tenant is still at the property, so one this is settled I would serve a s.21 notice and follow through on it.

jpkeates
28-03-2014, 09:40 AM
...It seems that your tenant is still at the property, so one this is settled I would serve a s.21 notice and follow through on it.
Why evict the tenant?

It's the landlords mistake, and the tenant has done as asked, then decided that this was the wrong thing to do.
Which is the case - you can't change rent informally (you could argue that paying it is an agreement, but the courts will inevitably decide that the contract is invalid,
as the tenant is in a disadvantaged position and cannot therefore legitimately form a contract).

It's not a great situation, but it can be resolved without sacking the tenant - unless there are other reasons we're not aware of.
A rent paying tenant is an asset - and we now know that they can afford a higher rent if it's done properly.

We only know part of the whole story, but the tenant has reacted not acted in this.

thesaint
28-03-2014, 10:14 AM
Why evict the tenant?

It's the landlords mistake, and the tenant has done as asked, then decided that this was the wrong thing to do.


The landlord has not made a mistake.