The government has clarified important changes to s13 notices to help landlords keep the right side of the law once the Renters’ Rights Act takes effect.

Property lawyer David Smith explains that under the drafted legislation there was nothing to stop a landlord increasing the rent using a rent increase clause or by a renewal agreement and then using a s13 as well to increase the rent again, thereby getting a one-off opportunity to increase the rent twice. “This prevents that by making clear that a s13 notice cannot be used where a rent has been increased in the 52 weeks prior to the notice expiring, however that happened,” he says.

Smith, at Spector Constant & Williams, says the regulations confirm that a s13 notice served before 1st May which expires after that date can still - and will - operate under the law as it was prior to 1st May.

Error

“This seems something of an error to me as it would be open to landlords to serve a s13 notice now which expired in a few months’ time and then rely on the current regulations to back-date the increase to the date the notice was served. The 12-month restriction from the last increase would apply but that would not be an issue as the expiry date is the 12-month limit point, not the date the notice is served.”

The regulations also make clear that offences from before 1st May can’t have Rent Repayment Orders or civil penalties made in relation to them. “But offences that started before 1st May and continue after 1st May can, in relation to the bit after 1st May,” adds Smith. “So, there is not a total get out of jail free card for historic offending.”

Confirm

The regulations also confirm the already flagged reduced notice period for ground 4A, meaning that for those served between 1st May and 31st July, the notice period is reduced from four months to two months.

* The government has published details about alternative formats for the Information Sheet that must be given to tenants including braille and large print.

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