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watermill
23-05-2007, 09:13 AM
We have over 260 properties and just recently some of the tenants have been given notice of a rent increase. They have been sent out new ASTs to sign and return along with new standing orders.
A few of them have not returned the new ASTs with the rent increase on. Is there anything that we can do from a legal point of view to settle this. Could someone please email me back on mark@watermill-properties.co.uk many thanks.

davidjohnbutton
23-05-2007, 09:44 AM
Serve a Section 13 notice giving the tenants 1 months notice of increase.

Poppy35
23-05-2007, 09:49 AM
oh ditto!! Was just about the post the same.

Esio Trot
23-05-2007, 09:57 AM
But do the s13 for a higher amount than on the TA - with the reason being the "uncertainty" as the AST was not returned.

I find that this does tend to concentrate the mind of the tenant somewhat!

attilathelandlord
23-05-2007, 20:37 PM
Be careful of your dates, Section 13 can't be served just when you feel like it.

Also, you can't force tenant to sign new AST if they don't want to. You've got to bring the old AST to an end first.

jeffrey
24-05-2007, 23:47 PM
Note: s.13 does not apply if existing Agreement (continuing) itself includes a rent increase procedure.

Poppy35
25-05-2007, 12:19 PM
Hi Jeffrey, just to clarify if a TA has a clause that states the folllowing:-

1 The Landlord may increase the rent by serving on the tenant at least one months written notice stating the new rent and a date from which it is to be paid which date shall not be earlier than the latter of:-

a) 12 months from the start date of the term
b) 12 months after the date on which the last increase of rent took place

does this mean we dont have to serve a S13 to increase the rent? and a simple letter abiding by rent payment dates is sufficient.

We have always used S13 to increase the rents but obviously would make less paperwork if we did not have to legally. Thanks in advance.

jeffrey
25-05-2007, 12:22 PM
Hi Jeffrey, just to clarify if a TA has a clause that states the folllowing:-

1 The Landlord may increase the rent by serving on the tenant at least one months written notice stating the new rent and a date from which it is to be paid which date shall not be earlier than the latter of:-

a) 12 months from the start date of the term
b) 12 months after the date on which the last increase of rent took place

does this mean we dont have to serve a S13 to increase the rent? and a simple letter abiding by rent payment dates is sufficient.

We have always used S13 to increase the rents but obviously would make less paperwork if we did not have to legally. Thanks in advance.

Yes it does. Section 13 covers cases where the Agreement lacks a rent increase clause; your Agreement contains one, so no need to use that section- just serve written Notice (no special format) on T.

Poppy35
25-05-2007, 12:38 PM
Thanks very much. Have just served S13 on 10 tenants this week - never mind!!

jeffrey
25-05-2007, 13:01 PM
SLIGHT CORRECTION: s.13 applies ONLY to periodic tenancies, not during a fixed-term. Sorry!

tobylaura@btinternet.com
25-05-2007, 17:43 PM
just a quickie - why r u putting the rent up? and how much by?