Correct date for Form 4 landlord rent increase advisory?

Correct date for Form 4 landlord rent increase advisory?

by Readers Question

Guest Author

9:49 AM, 16th October 2023, About 8 months ago 8

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Hi everyone, I have a tenant who was on an Assured Shorthand Tenancy contract which ran off from its written end date so has therefore gone on to a rolling monthly contract (based upon monthly rental points etc). Tenant was served notice incl S21 and is using local housing authority backing to refuse to leave (they have nothing for her so have told her to remain until evicted).

In the meantime, I have served a section 13 form 4 periodic rental increase notice in-line with market valuation and in the absence of any rent rise for quite some time.

My question is, should the date of the rental increase be dated as the exact same monthly day (e.g. 25th of each month) as worded within the now expired tenancy contract, or the monthly day (e.g. 24th) that the tenancy contract originally details the start date of the agreement?

Want to ensure this is correct so it can be served ASAP.

Thanks for your help,

Nick


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Comments

Nikki Palmer

11:51 AM, 16th October 2023, About 8 months ago

Surely your actions are contradicting themselves?

You are asking them to leave on a date that you are also suggesting if they stay they pay more rent.

It implies that the sole purpose of you asking your current tenants to leave is to find new ones to go in at a higher rent?

What are the reasons for you serving Section 21?

Judith Wordsworth

22:19 PM, 16th October 2023, About 8 months ago

Serving a s13 after a s21 could be seen as a new tenancy and you would have to wait to serve a new s21.
Do not waste your time just continue with the existing s21, court application for possession and the court bailiff order

GlanACC

7:52 AM, 17th October 2023, About 8 months ago

If the tenant is still there after the S21 has expired then strictly speaking they are not your tenant any more. Any monies received after that date should be recorded as MESNE profits otherwise a clever legal beagle could argue you have started a new tenancy. Having said that, if you are currently not receiving anything from the tenant then increasing the rent will be a pointless affair. I think just suck it up, don't increase the rent and get rid ASAP, BUT make sure you use MoneyClaim Online to give them a CCJ for at least one months rent (assuming they are in arrears) as this will stuff them for the next 6 years.

Slooky

15:02 PM, 17th October 2023, About 8 months ago

Perhaps the landlord has not done everything correctly with the tenancy and the S21 will not hold up in court. Hence the only way to get the tenant out is to increase the rent. I know someone who is experiencing this problem and they are stuck because they didn't have the first gas certificate and no one is willing to help them because they have been told there is nothing he can do except increase the rent.

GlanACC

16:50 PM, 17th October 2023, About 8 months ago

Reply to the comment left by Slooky at 17/10/2023 - 15:02
Yes, but if they don't accept the rent increase how will you get them out, if they appeal the rent increase and the landlord wins (or loses) and still don't move out you will still need an S21 or S8 to remove them, which they can appeal . One way or another you will still have to go to court

Slooky

17:28 PM, 17th October 2023, About 8 months ago

Reply to the comment left by GlanACC at 17/10/2023 - 16:50
Agreed it's not straightforward. We assume the tenant will not accept the rent increase and possibly go to a tribunal but if the new rent is still below market value, everything I've read says the judge has to uphold the new rent. If they don't go to a tribunal and refuse to pay the new rent they put themselves in arrears. Then a section 8 can be used which gives them 14 days notice. If they don't leave, then yes the landlord has to go to court but apparently it is not necessary to have the first gas certificate with a section 8.

GlanACC

17:43 PM, 17th October 2023, About 8 months ago

Reply to the comment left by Slooky at 17/10/2023 - 17:28
Yup, just goes to show how arbritary the court system is. Maybe getting rid of S21 might have some advantages as in most cases S21 is used for rent arrears (will still have an issue getting rid of rent paying scumbags though)

Slooky

20:42 PM, 17th October 2023, About 8 months ago

Reply to the comment left by GlanACC at 17/10/2023 - 17:43
Yes it is crazy how all the "rules" have evolved. Many dependant on the whims of a judge. I must admit in 27 years I have never used a section 21 but I do object to its removal. I don't agree we should have to pay a fee in order to ask someone to leave. A section 21 is free and covers all evils. I also think the council housing departments should be made accountable for telling tenants to stay until they get evicted by a bailiff. They are telling tenants to ignore a court order. It beggars belief they can get away with this. Gloucester housing department told a tenant to stay until they were evicted by bailiffs and when I spoke to the council and said the landlords house sale had fallen through because the tenant refused to move and that the house was now going to be repossessed they said "not our problem".

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