Rent increase paperwork dilemma?

Rent increase paperwork dilemma?

pic of blocks showing a rent rise for a tenant property118
9:48 AM, 2nd April 2024, 2 years ago 13

Hi, I want to make a 5% rent increase for tenants who are on assured shorthold periodic tenancies.

I have never increased rent but have a clause in the tenancy agreements which states: “If the tenancy continues beyond one year and is an Assured Periodic Tenancy then the rent will be reviewed annually on or after the anniversary date of the commencement. Any increase will be discussed and agreed and then notified to the tenant using Form Section 13 (2) under the housing Act 1988”

I am not sure whether l can use this form legally as Shelter says that a section 13 notice cannot be used to increase the rent for a contractual periodic tenancy that contains a rent review clause.

Help what should I do?


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Comments

  • Member Since July 2013 - Comments: 90

    11:23 AM, 6th April 2024, About 2 years ago

    I am thinking of granting an AST for three years. It will have a tenants break clause on the first anniversary and at any time thereafter by three months notice

    The rent would be initially x and become x plus 5 per cent on the anniversary x plus 10 per cent on the 2nd anniversary x plus 15 per cent on the third anniversary and x plus 20 per cent on the last day of the term.

    I am considering an alternative to provide that at my discretion I can substitute the RPI

    Since these sums are fixed and agreed I can’t see how they can be referred to a Valuation Tribunal or notices to increase the rent are necessary. Have I got this wrong? If I’m right every landlord needs to know about these possibilities.

    On abolition of S21, are the arrears for allowing notice to be given reduced? and removal of the arrears no longer resulting in dismissal of the application for possession?

  • Member Since July 2013 - Comments: 90

    11:40 AM, 6th April 2024, About 2 years ago

    The remainder of my comment was deleted

    If I understand correctly the tenancy expires with no new agreement signed, a rolling statutory tenancy will come into existence. But with the rent at the last day of the term.

    For any increase of rent of that term the Landlord will have to use S13. I have not yet considered whether the tenant can apply to get it reduced

    What do you think?

  • Member Since February 2021 - Comments: 106

    11:58 AM, 6th April 2024, About 2 years ago

    Reply to the comment left by Edwin Cowper at 06/04/2024 – 11:23
    Never ever do more than a 6 months AST
    Simple

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