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Fob
08-04-2010, 10:24 AM
I wondered if someone could help me - someone told me that, even if a tenancy is an AST for 6 months, the rent can't be raised until 52 weeks have passed since the start of the tenancy, due to the Housing Act Section 13 2(b)(ii).

I've been looking at the law, and my interpretation is that if it has moved onto a Statutory Periodic Tenancy, the 52 week rule doesn't apply, and it can be increased as soon as it becomes a periodic tenancy. Is this right?

2. For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a) the minimum period after the date of the service of the notice; and

(b) except in the case of a statutory periodic tenancy -

(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;
(ii) in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and"; and first anniversary of the date on which the first period of the tenancy began

mind the gap
08-04-2010, 10:50 AM
See :
http://www.landlordzone.co.uk/legal-residential-rentals/rent-increase.htm

Fob
08-04-2010, 11:15 AM
See :
http://www.landlordzone.co.uk/legal-residential-rentals/rent-increase.htm

This date must also be at least 12 months after the date the tenant entered the property and at least 12 months after any previous rent increase.

Thanks! That's what I'm questioning, though - where in the law does it say that it must be 12 monts after the tenant entered the property, if it's on a Statutory Periodic Tenancy? The Housing Act specifically states that this rule doesn't apply to a Statutory Periodic Tenancy.

Edit: Just found this from a Housing Association.

http://www.marchesha.co.uk/index.php?option=com_content&task=view&id=133&Itemid=105

15. The second requirement applies in most cases (but see note 16 for two exceptions):

(a) the starting date for the proposed new rent must not be earlier than 52 weeks after 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, unless

...

16. The two exceptions to the second requirement, which apply where a statutory tenancy has followed on from an earlier tenancy, are:

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

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

In these cases the landlord may propose a new rent at once.