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I want to increase the rent for one of the property. There was an initial 6 months AST followed by another 12 months AST which will end up in September17.
I am little confused Reading the attached governmental guideline:
"Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice."
As I got an yearly AST, does it mean i need to give him 6 months notice? It seems a lot. Again there has been no increase since the last 18 months with two ASTs. I am of the view that 1 month notice applies.
I appreciate your feedback and experience.
firstly you should read your AST as all are worded differently with legislation that apply to only that AST. In most cases you can increase your rent at the end of a term however if you wish to raise the rent during the term you will need to give notice in writing the agreed amount of time (written in the AST) ahead of or doing so.
Waz you are so near the Fixed Term Tenancy period coming to an end I would issue a S13 notice issuing now to take effect on the 1st day of a SPT or CPT depending on what your AST States.
Forget issuing another Fixed Term Tenancy.
You can issue this S13 now if you wish, but it must be at least a months notice with that notice expiring on the last day of the Fixed Term AST.
You are then restricted to not being able to issue a S13 for another year or rather 11 months to take effect at the end of the 12th month.
You could just issue a new Fixed Term Tenancy to take effect the day after the expiry of the current FTT.
Of course there is nothing to stop you issuing a new Fixed Term Tenancy for more rent during a periodic tenancy.
That would be sharp practice.
It is something you should discuss with the tenant.
But play fair, just because you could do what I have suggested doesn't mean you should do it.
Personally I believe a tenant should know what a rent will be for the coming year.
It is rare that rents increase so much that it would be worthwhile for a LL to break a periodic tenancy rent increase by issuing a new Fixed Term Tenancy with a higher rent.
Though I believe that many London LA engage in such sharp but legal practice.
This is due to the way London rents seem to increase substantially in a few months.
But I believe it fair that LL should as a matter of course only increase rents annually.
Even if such rent increases are substantial.
I read RLAs S13 notice letter and note page 3 , note 9 below says following. I got TA clauses allowing rent increase. It seems I can use my TA clauses instead of serving S13 notice but will confirm this with RLA team.
9 Do not use this notice if the tenancy agreement contains a term allowing rent increases, or there is some other basis such as a separate agreement with the tenant for raising the rent. Any provision you rely on needs to be binding on the tenant. Legal advice should be sought if there is any doubt on this score.
Thanks for response.
You can use a section 13 notice in a periodic tenancy. You need to give one month's notice or one period of the tenancy if that is longer.A period of the tenancy is the period for which rent is paid which is usually one month. A yearly tenancy would be where the rent was paid for the year. I think you are getting confused between the tenancy term and the rent period, they are different.