View Full Version : Raising rent while still pursuing eviction proceedings
18-03-2011, 10:32 AM
Does anybody know if I can give notice to raise my T's rent as there has been no increase since the start of AST (fixed period expired and now periodic) nearly 18 months ago. My T is currently in arrears in excess of 2 calender months but is challenging my sec 8 eviction claim which is still subject to a court decision. What are the legal implications if I proceed to propose rent increase now?
18-03-2011, 10:51 AM
Yes, you can. Unless the Letting Agreement contains its own 'rent-increase' mechanism, s.13 is the way to go.
18-03-2011, 11:51 AM
I am going to take the liberty of clarifying Jeffreys post.
If your tenancy agreement says nothing about how rent will be increased, you will have to give your tenants at least a months notice under section 13 of the 1988 Housing Act. This must be done on a specific form (form 4b) (http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Assured+Tenancies+and+Agricultural+Occupanci es++(Forms)+(Amendment)+(England)&Year=2003&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=826890&ActiveTextDocId=826903&filesize=357), which notifies the tenants of their options if they disagree with the increase. Basically, these options are to leave, or refer the increase to a Rent Assessment Committee. A section 13 notice can only be utilised once every 52 weeks.
A little bit more info here: http://tenancyanswers.ucoz.com/index/raising_the_rent/0-41
18-03-2011, 12:07 PM
yes thanks guys I am well aware of this. Also the need to ensure that the increase is in line with the local market rate and not excessive etc. Anything is better than nothing in the case of my T. As I have stated there has been no increase proposed since the AST was signed 18 months ago. The only legal problem is whether this can affect my sec 8 claim currently running in that T can then turn round and say I am expecting T to stay on etc.. and render the claim void?
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