S13 notice after soft enquiry?
Hi everyone, If you enquire on a ‘soft basis’ as to a tenant’s agreement to a rent increase, and that enquiry is not issued on any signed and correctly documented S13 form, does this preclude a S13 notice still being issued?
Pointers in the right direction gratefully received, as we have one tenant enjoying the benefit of paying for a 2-bed apartment at below the current one-bed rate.
He’s acknowledged his rent is cheap but challenged an unofficial enquiry.
I’ve now asked that a (below) market rate adjusted rent under S13 be issued, but the agent is saying we can’t do so?
Any advice is gratefully received.
Graham
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Your invitation to the biggest virtual property event
Member Since July 2017 - Comments: 462
12:03 PM, 28th July 2023, About 3 years ago
Perhaps advise the tenant that it is in best interest to cooperate because if it goes to tribunal they will fix a much higher rent and he will have to pay or move out.
Member Since September 2018 - Comments: 3538 - Articles: 5
12:19 PM, 28th July 2023, About 3 years ago
issue a s13 with what rent level YOU think is reasonable and works for you. IF the tenant wants to apply to a tribunal to contest the level then that’s their right as is to hand in their notice if they want to look for somewhere cheaper.
The will be told on application how the tribunal works and be told that the rent could go up too. Get print outs of similar properties of similar size etc in the area as start getting your own evidence in place if required as this may be called on showing your increase is still below market rent. (NB I actually put this info in with with S13 so the tenant can see for themselves. Not has one contested anything to date.)
Member Since July 2013 - Comments: 754
1:55 PM, 28th July 2023, About 3 years ago
Your agent is supposed to be working on your behalf – not against you. I would be asking him/her the basis of their assertion that a S13 cannot now be served.
If correct it would mean that LLs would be unable to have an informal conversation with a tenant regarding the rent in case it was unsuccessful -but that doing so then precluded the service of formal notice – in consequence, all reviews of rent would need to be by S13. This is not the case to my knowledge.
Member Since November 2013 - Comments: 17
3:03 PM, 28th July 2023, About 3 years ago
Reply to the comment left by DSR at 28/07/2023 – 12:19
I’d offered a discount to the perceived market rate as we’d end up paying for e.g. repapering with a full change of tenant, so I would not be surprised if it did get set higher. Than kyou.
Member Since November 2013 - Comments: 17
3:05 PM, 28th July 2023, About 3 years ago
Reply to the comment left by Freda Blogs at 28/07/2023 – 13:55
My thoughts too – I’d not found any reference on line so in case I’d overlooked an obvious reference i sought to ask the wider audience directly that may have come across the same situation. Thank you.
Member Since July 2023 - Comments: 1
6:41 PM, 28th July 2023, About 3 years ago
I could be wrong. But presumably because he’s challenged it, I could be perceived as retaliatory for the increase which is why the agent has said it can’t be, might be you have to wait 6 months to increase on the correct form / method
Member Since June 2023 - Comments: 8
6:05 PM, 29th July 2023, About 3 years ago
Join the NRLA for £75 and ask their legal team.
It will be the cheapest way to get a quick and definitive answer.
Depending on what they say, it may be time to look for a new agent.
Member Since October 2020 - Comments: 1178
10:43 AM, 31st July 2023, About 3 years ago
An informal request to increase the rent doesn’t preclude the use of s13 if its declined. Are you sure there’s not another reason why the agent is telling you this? Does your tenancy agreement have a rent review clause for example, or was there an increase less than 12 months ago?
Member Since November 2013 - Comments: 17
1:13 PM, 31st July 2023, About 3 years ago
Reply to the comment left by David at 31/07/2023 – 10:43
Thanks for comment. It converted to periodic some time back and rent has yet to be reviewed. Thank you.
Member Since October 2020 - Comments: 1178
12:02 PM, 1st August 2023, About 3 years ago
Reply to the comment left by Gra Rock at 31/07/2023 – 13:13A rent review clause in the fixed term contract would carry forward to the periodic tenancy.