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
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