Section 13 notice for rent increase – Struggling with questions 3?

Section 13 notice for rent increase – Struggling with questions 3?

10:52 AM, 27th May 2022, About 3 months ago 17

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Hi everyone and sorry if probably being a bit thick, but here goes:

3. The first rent increase date after 11th February 2003 is……..

What date is required here? I’m intending to increase the rent in July.

Is it the date I first notified the tenant that I would be increasing the rent last time, which was May 2020 or the date that increase started (which was Sept 2020). Or am I way off and it’s something else completely.

The last increase was mutually agreed without using this form.

Many thanks

Helen



Comments

Robert M View Profile

12:32 PM, 27th May 2022, About 3 months ago

This is indeed a really confusingly worded question, but I presume it is simply trying to ascertain the date of the last rent increase?

Chris @ Possession Friend

12:44 PM, 27th May 2022, About 3 months ago

I agree with Robert that the question is poorly and vaguely worded..
In fact I had a tenant challenge at Tribunal a number of questions on the Form 13. ( Unsuccessfully )
Firstly, do you need ( able ) to use Form 13 ? - As if there's any mention of increasing the rent in the tenancy agreement, the guidance notes [ 9 ] on reverse of Form 13 state Not to use the form, - and a mere letter would suffice.
Case law for this is Contour Homes Ltd v Rowen 2007.
If there is mere mention of rent increase ( which there used to be in the NRLA's tenancy agreement but has unwisely been omitted in later revision - versions ) then don't use F 13
If you are using F 13, I would answer Q3 as the ' date the first time rent to this tenant was increased [ took effect ] after 11/2/2003 '
( whether by agreement or otherwise. )
[ This is my opinion, does not constitute legal advise and consequently I am not liable for any decision taken in connection with such. ]

Suresh Parikh

18:11 PM, 27th May 2022, About 3 months ago

Courts are fond of saying : meaning is ordinary English. In a fictional case, “ the first rent increase date is [28 May 2022]. Since 11 February 2003, there have been increases every 3 years amounting to 10% .

Helen Smitj

11:14 AM, 28th May 2022, About 3 months ago

Reply to the comment left by Chris @ Possession Friend at 27/05/2022 - 12:44
Spoken to NRLA and they ‘Think’ I should put the start date of this proposed ie both q3&4 should be 5th July 2022. So I’m a bit unsure.

Jan Martin

12:29 PM, 28th May 2022, About 3 months ago

Reply to the comment left by Robert Mellors at 27/05/2022 - 12:32
Yes that is my understanding too
And if you havent increased before then you put the date of the latest increase you are making

CYRIL STALEY

12:37 PM, 28th May 2022, About 3 months ago

Helen
I have been looking at this very same issue. S13 form 4 Q3 + 4.

I am new to these matters but you need to read ALL of the 18 notes, particularly note 9 which says don't use this notice IF the tenancy agreement contains a term allowing rent increases.

My AST has such a clause, therefore it seems to me (non-professionally) that it is the AST contract terms and methods stated therein that should be applied.

I am ripping Form 4 up!

Good luck

Dylan Morris

8:36 AM, 29th May 2022, About 3 months ago

I don’t understand this at all. If AST says rent can be increased why can’t Form 4 be used ?

CYRIL STALEY

9:40 AM, 29th May 2022, About 3 months ago

The GOVERNMENT has got this totally twisted.

My AST provides for rent increases so S13 Form 4 can't be used as per Note 9.

I have since looked further into my Agent's T & C conditions which CONTRADICTS in that a rent increase can only be valid by service of a S13 notice! ????

Loopholes to keep the legal fraternity in business ????

Dylan Morris

10:44 AM, 29th May 2022, About 3 months ago

Reply to the comment left by CYRIL STALEY at 29/05/2022 - 09:40
Yes it’s complete madness. AST says rent can be increased so can’t use Form 4. AST no mention of rent increase then CAN use Form 4.

CYRIL STALEY

11:18 AM, 29th May 2022, About 3 months ago

Yes madness.

Now try getting your head around Form 4's notes: 8 to 18 with First and Third Requirements but the Second having exceptions as per Note 17 which is in 2 parts and if both parts applicable permitting an immediate rent rise rather than the 6 months notice essential as per note 15 for a 1 year contract etc.

No wonder lawyers can pick on the tiniest error and have a judge throw a case out so the process has to start again keeping legal beavers in the money!

Mr Gove the government is NOT LEVELLING UP it is DRAGGING DOWN the PRS with droves of landlords pulling OUT.

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