‘Fair Rents’ and the Valuation Office?
6 years ago | 14 comments
Section 13 rent increase?
12:05 AM, 24th May 2023, 3 years ago
14
Hello, What can you do when a tenant just ignores a Section 13? If he/she takes it to a Tribunal then you have to abide by the judgement.
When it is just ignored, is the initiation of a Section 21 eviction the only option? Although you may not want to.
Thank you,
Steve
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3 years ago | 7 comments
Member Since March 2023 - Comments: 15
10:12 AM, 24th May 2023, About 3 years ago
A section 21 is always a good option
Member Since August 2013 - Comments: 323 - Articles: 1
10:18 AM, 24th May 2023, About 3 years ago
The section 13 notice sets the new rent unless tribunal says otherwise.
So after a few months you can also use a section 8 notice with the appropriate grounds.
Whatever the outcome, you should seriously question whether you want to keep this tenant.
Member Since January 2015 - Comments: 1447 - Articles: 1
10:54 AM, 24th May 2023, About 3 years ago
If the tenant has gone to Tribunal and judgment has set the rent and the tenant doesn’t pay the amount then s8 once you have the necessary Grounds.
Can serve a s21 at the same time.
I would explain in advance in writing your course of action and the consequences of the tenant having a CCJ against them and future rentals.
Member Since August 2022 - Comments: 100
10:55 AM, 24th May 2023, About 3 years ago
They have 14 days to respond to the Section 13. If they don’t, you assume it has been accepted. Therefore, if they continue to pay you the same rent as before, the difference goes towards rent arrears. Once they hit 2 months’ rent arrears you can issue a section 8.
I agree with Steve Masters – seriously think if you want to keep this tenant.
Member Since September 2022 - Comments: 198
11:10 AM, 24th May 2023, About 3 years ago
Any reason why this being ignored (other than the obvious of not wanting the increase) given that it sounds like you have reasonable rapport if you reluctant to evict. Have you tried verbal contact? As already stated if increase not paid then arrears so grounds for eviction process. Personally I would at least try face to face contact before going that route.
Member Since May 2017 - Comments: 765
11:28 AM, 24th May 2023, About 3 years ago
Do you have proof of receipt for the Section 13?
Member Since August 2017 - Comments: 14
11:37 AM, 24th May 2023, About 3 years ago
Reply to the comment left by Naftali Knobloch at 24/05/2023 – 10:12
Was!
Member Since May 2017 - Comments: 765
11:49 AM, 24th May 2023, About 3 years ago
Reply to the comment left by Chris mccauley at 24/05/2023 – 11:37
‘Still is’ until the bill is passed!
Member Since September 2018 - Comments: 3538 - Articles: 5
1:53 PM, 24th May 2023, About 3 years ago
Reply to the comment left by Markella Mikkelsen at 24/05/2023 – 10:55
S21 at the same time. Nothing to loose and shows you are deadly serious (if the tenant is the tye to be worried about negative LL referencing in the future AND trying to find another 5 weeks deposit) Dont forget to remind them that the deposit will be zero too!
Member Since September 2018 - Comments: 111
5:39 PM, 24th May 2023, About 3 years ago
We used to issue section 13 notice ( we are in Wales so now it’s a variation of rent notice) and it states all options open to the tenant and ignoring the notice isn’t one of them. Assuming from your post that they have not responded doesn’t mean they have ignored it and they may change their payment from the date the notice supplied. How long ago did you issue the notice?
If however it’s been a couple of payments at the old rent then don’t wait around to let arrears build up as it will take some time to get to 8 weeks.
Either contact the tenant or issue a section 21 while you still can!
Doing nothing is not an option!