S13 notice after soft enquiry?

S13 notice after soft enquiry?

10:51 AM, 28th July 2023, About 9 months ago 10

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Hi everyone, If you enquire on a ‘soft basis’ as to a tenant’s agreement to a rent increase, and that enquiry is not issued on any signed and correctly documented S13 form, does this preclude a S13 notice still being issued?

Pointers in the right direction gratefully received, as we have one tenant enjoying the benefit of paying for a 2-bed apartment at below the current one-bed rate.

He’s acknowledged his rent is cheap but challenged an unofficial enquiry.

I’ve now asked that a (below) market rate adjusted rent under S13 be issued, but the agent is saying we can’t do so?

Any advice is gratefully received.

Graham


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Comments

Dennis Forrest

12:03 PM, 28th July 2023, About 9 months ago

Perhaps advise the tenant that it is in best interest to cooperate because if it goes to tribunal they will fix a much higher rent and he will have to pay or move out.

Reluctant Landlord

12:19 PM, 28th July 2023, About 9 months ago

issue a s13 with what rent level YOU think is reasonable and works for you. IF the tenant wants to apply to a tribunal to contest the level then that's their right as is to hand in their notice if they want to look for somewhere cheaper.

The will be told on application how the tribunal works and be told that the rent could go up too. Get print outs of similar properties of similar size etc in the area as start getting your own evidence in place if required as this may be called on showing your increase is still below market rent. (NB I actually put this info in with with S13 so the tenant can see for themselves. Not has one contested anything to date.)

Freda Blogs

13:55 PM, 28th July 2023, About 9 months ago

Your agent is supposed to be working on your behalf - not against you. I would be asking him/her the basis of their assertion that a S13 cannot now be served.

If correct it would mean that LLs would be unable to have an informal conversation with a tenant regarding the rent in case it was unsuccessful -but that doing so then precluded the service of formal notice - in consequence, all reviews of rent would need to be by S13. This is not the case to my knowledge.

Gra Rock

15:03 PM, 28th July 2023, About 9 months ago

Reply to the comment left by DSR at 28/07/2023 - 12:19
I'd offered a discount to the perceived market rate as we'd end up paying for e.g. repapering with a full change of tenant, so I would not be surprised if it did get set higher. Than kyou.

Gra Rock

15:05 PM, 28th July 2023, About 9 months ago

Reply to the comment left by Freda Blogs at 28/07/2023 - 13:55
My thoughts too - I'd not found any reference on line so in case I'd overlooked an obvious reference i sought to ask the wider audience directly that may have come across the same situation. Thank you.

Luke Eckstein

18:41 PM, 28th July 2023, About 9 months ago

I could be wrong. But presumably because he's challenged it, I could be perceived as retaliatory for the increase which is why the agent has said it can't be, might be you have to wait 6 months to increase on the correct form / method

Niwdog

18:05 PM, 29th July 2023, About 9 months ago

Join the NRLA for £75 and ask their legal team.
It will be the cheapest way to get a quick and definitive answer.
Depending on what they say, it may be time to look for a new agent.

David

10:43 AM, 31st July 2023, About 9 months ago

An informal request to increase the rent doesn't preclude the use of s13 if its declined. Are you sure there's not another reason why the agent is telling you this? Does your tenancy agreement have a rent review clause for example, or was there an increase less than 12 months ago?

Gra Rock

13:13 PM, 31st July 2023, About 9 months ago

Reply to the comment left by David at 31/07/2023 - 10:43
Thanks for comment. It converted to periodic some time back and rent has yet to be reviewed. Thank you.

David

12:02 PM, 1st August 2023, About 9 months ago

Reply to the comment left by Gra Rock at 31/07/2023 - 13:13A rent review clause in the fixed term contract would carry forward to the periodic tenancy.

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