9:35 AM, 28th June 2022, About 2 months ago 9
We are using Section 21 to evict a tenant because the freeholder is legitimately complaining about overcrowding and noise (birth of two children in a one-bedroomed flat post moving in).
However, the rent has always been paid, albeit at a lower than the market level. The tenant wants to be rehoused by the Council but the Council will not rehouse them without a court order despite the overcrowding.
We did not increase the rent as we assumed we would get possession soon but have just been told by the eviction company that there is a delay of “many months” or maybe longer, with the court in our area.
So we are wondering if increasing the rent is still a possibility using a Section 13 notice as we are trying to make ends meet ourselves?
We realise we cannot create a new AST as this would invalidate the court application, but would a Section 13 notice also invalidate the application under S21?
The current rent is £950pcm. The LHA for this type of property is £1047per month and the market rent is about £1300pcm.
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