Rent increase permitted during tenant exit dispute?

A tenant cannot decline to accept a lawfully made rent increase. If they dont pay then the arrears just accumulate.

Reply to the comment left by Collins John-chieme at 06/09/2023 – 11:53
The tenant has three choices.

1. Accept the rent increase.
2. Seek adjudication at a Rent Tribunal.
3. Move out

There is no choice that says they can do nothing and pay the previously agreed rent. Judges don’t always know the law – incredible but true.

You don’t need a new AST to increase the rent. Sure, issuing a new AST could be deemed as permission to stay but who would issue anew AST if they wanted possession of the property?

https://www.gov.uk/private-renting/rent-increases

Reply to the comment left by TheMaluka at 06/09/2023 – 11:42
Yes, I do too. It didn’t seem to affect the tenant though as they have moved twice since then with no problem. They left the last landlord in a mess too as he picked up my post chasing a failed payment and rang to give me their forwarding address and tell me they’d left £15K damage at his place (as they did with me). Obviously some agents and landlords are accepting sob stories or not doing referencing, because they’ve got to have CCJs out the wazoo…

A real mix of opinions with this question. I have given my tenant two notices to quit. On the second one I sent an increase rent notice, as the way I saw it, and still do, is that it could be months before he moves out. Like Mark, my tenant has been there for many years without an increase, even though my outgoings have increased, So I thought, this man the perfect tenant until I decided to sell has turned into a monster, mean nasty and totally uncooperative, for all those reason I did the increase. If the judge disallows it, then so be it, hopefully this won’t happen when the judge learns what a S… this tenant has been. We have to do what we can to look after ourselves, no one else is helping us, are they?

Not sure what you are trying to achieve.
https://www.gov.uk/private-renting/rent-increases
A landlord must give a minimum of one month’s notice (if rent paid weekly or monthly). If a yearly tenancy, the landlord must give you 6 months’ notice.
Must say I always thought it was 1 months notice to increase the rent irrespective of a 6 or 12 month tenancy. But I only do the initial AST for 6 months and then run contractual periodic.
If your tenant disputes the increase then referred to Tribunal. Not sure which has the shorter time scale – Rent Tribunals or County Courts for possession orders. Depends on your local areas.
Also how will a court look on it? You’ve served s21 for possession and now want to likely go for a s8 if the tenant refuses to pay the increased rent BUT if they continue to pay the original rent it’s only the shortfall in arrears so will need the shortfalls to add up to a minimum of 2 months before you could serve a s8.

Reply to the comment left by Judith Wordsworth at 06/09/2023 – 13:02
I think you will find that a yearly tenancy is defined as one where the rent is payable annually, not a standard agreement with a fixed term of 12 months but with the rent payable monthly.

Reply to the comment left by Hedley at 06/09/2023 – 10:31
“Acknowledging a continuation of tenancy, or a new tenancy.”
A new AST agreement is not required as a Section 13 notice is sufficient.
Continuation is just the time required for the legal system to provide the possession order and the writ for eviction as described here as taking anything from two months to more than a year. So it’s not invalidate the Section 21 rather acknowledge the process is too slow and market conditions need action to avoid more loss.

Reply to the comment left by Teessider at 06/09/2023 – 09:32

Thanks Teessider, appreciate your response.

@ Everyone – As I have served the default 2 month notice as landlord along with an S21 (that she is trying to contest on a technicality which ultimately comes down to her word against mine) can I still proceed with the next stage of applying through the courts for an eviction order on the strength of the landlords notice I served or do I have to get the notice & S21 served again, wait a further 2 months & have them 100% watertight combined to enable me to go to the next stage. The 2 month timeline for the landlords notice comes into play Monday 11th Sept.
As the tenant has said in writing they are not vacating as per the terms/date is this sufficient to take forward to the court process to seek an eviction order? Thanks everyone

Reply to the comment left by Mark Abbott at 08/09/2023 – 21:53
I had the same thing, or similar and because there was some doubt I served a 2nd notice to quit and this time I served it through the letter box with photos and a witness (you can get a witness statement form on line which he/she can complete and sign so that you have this for the court hearing). Or you can send it special delivery (not recorded!!). The tracking shows a photo with the postman handing the form to the tenant), do the same with any correspondance you send, it only costs about £6 but it is worth it. True I had to wait a further 2 months but then I was not worry about what arguments the tenant might come up with. Do not take any s… from your tenant, do not allow her to bully you and above all be confident in what you are doing. Good luck x

I had this. Take a tip and Do Not Increase the Rent. There were no arrears, no damage but I wanted the house back to sell with VP.

Judge said you have started a new tenancy and will have to come back in six months with a new S21.

I di9d and possession was granted.