View Full Version : Rent Increases and notice periods
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.
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