Do rent rises around the time of issuing a Section 21 affect it?

Do rent rises around the time of issuing a Section 21 affect it?

9:16 AM, 31st August 2022, About a month ago 2

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Hello everyone, Does raising the rent either just before or just after issuing a Section 21 notice have any bearing on it?

I am about to issue one, and wondered what the effect will be.

It has also occurred to me that raising the rent to a rather high level may actually persuade the tenant to leave, and could avoid the hassle of going to court.

That would seem logical, but would it have any legal consequences?

Thank you.

Grahame



Comments

Mek Kah

13:46 PM, 31st August 2022, About a month ago

Hi Grahame,

You can definitely raise the rent without it affecting the s21. Just ensure you give the correct amount of notice prior to the rent going up.

CYRIL STALEY

11:53 AM, 3rd September 2022, About a month ago

Hi Grahame
When asking for advise you need to provide basic background.

I.E. is the rental an AST? Is it still in its fixed term? When did it begin? Has it become a monthly periodic?
When was the rental amount set or last increased? Does the AST have a restriction on rent increases?

1 year is normally required before a further increase. A large increase could be challenged by your tenant at a tribunal.

A S21 form is easy to complete and serve but their validity is frequently rejected by the system as if every I and t has not been dotted or crossed the S21 will not survive.

Several matters known as Prescribed Information must have been correctly attended to and prooveably served for the S21 to stand.

A savy tenant might know about service shortfalls and would know their residence can be prolonged while you, the landlord start again and gets it right.
A large rental increase would probably require a new Contract to begin with a new AST having a new fixed term.

Speak to an experienced solicitor in the field.

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