Rent increase after 11 months. Is this right?

madrhino

Hello

I thought I would come and ask the knowledgeable people on here as I am a bit confused.

I had a rent increase last year December 2008 via a section 13 notice.

I have had another section 13 for a rent increase in November 2009. So 11 months apart.

My question is, can they do this or does it have to be 12 months apart?
My LA says they can, but I don't really trust them as they originally sent me an invalid section 13, by putting down the last increase as 2003.

I was originally on a 6 months tenancy but now it is a rolling periodic tenancy.

I have tried deciphering the housing act, but it doesn't seem that clear to me.

Thanks for any advice that you can give me

clutton_2

rent can be increased more than once a year, but not during the fixed term - so if you still in the fixed term they will have to wait till it ends. if you are on periodic they can ask for an increase whenever they want - you dont have to agree

how much is your rent and what increase are they asking for ?

silvercar

"The date on which the new rent is required must not be earlier than a year after the date when the rent was last increased using a section 13 notice. If a new tenancy is in place then the date should not be any earlier than a year after the date when the tenancy started. "

From one of the many landlord sites.

Looks like there can only be one increase a year.

clutton_2

i am not sure that is true silvercar - but do not have time to research it just now

pingu2209

Rents are going down at the moment and advertised rents are normally agreed at about 10% less. I would suggest looking at what else is available. You LL may just be trying to get more money out of you but actually is flying in the face of what else is going on.

silvercar

From the actual section 13:

"..............
15. The second requirement applies in most cases (but see note 16 for two exceptions):
(a) the starting date for the proposed new rent must not be earlier that 52 weeks after the date on which the rent was last increased using this statutory notice procedure or, if the tenancy is new, the date on which it started, unless
(b) that would result in an increase date falling one week or more before the anniversary of the date in paragraph 3 of the notice, in which case the starting date must not be earlier than 53 weeks from the date on which the rent was last increased.
This allows rent increases to take effect on a fixed day each year where the period of a tenancy is less than one month. For example, the rent for a weekly tenancy could be increased on, say, the first Monday in April. Where the period of a tenancy is monthly, quarterly, six monthly or yearly, rent increases can take effect on a fixed date, for example, 1st April.
16. The two exceptions to the second requirement, which apply where a statutory tenancy has followed on from an earlier tenancy, are:
• where the tenancy was originally for a fixed term (for instance, 6 months), but continues on a periodic basis (for instance, monthly) after the term ends; and
• where the tenancy came into existence on the death of the previous tenant who had a regulated tenancy under the Rent Act 1977.
In these cases the landlord may propose a new rent at once. However, the first and third requirements referred to in notes 14 and 17 must still be observed.
"

teeni

clutton wrote: »

i am not sure that is true silvercar - but do not have time to research it just now

during a periodic tenancy rent can only be increased once a year

but the landlord has to give a months notice with rent increase starting on the first day of the tenancy when is the increase due to start, is it December ?

madrhino

They say the rent increase is due November, but as it can only be increased a year after the first section 13, it shouldn't be increased until December.

My rent is quite reasonable, I just suspect they might be trying to push it up yearly. I don't want them to be doing it every 10 or 11 months. I want it to be done by the book really. I phoned them earlier, before I asked on here, I said I thought it could only be raised yearly, but they said that they could raise it anytime. Phoned them after I had the correct information. They said they'd call me back, and they didn't.

I'll give them a week and if they haven't called me back I will ring them.

00ec25

silvercar wrote: »

From the actual section 13:

"..............
15. The second requirement applies in most cases (but see note 16 for two exceptions):
(a) the starting date for the proposed new rentmust not be earlier that 52 weeks after the date on which the rent was last increased using this statutory notice procedure or, if the tenancy is new, the date on which it started, unless

16. The two exceptions to the second requirement, which apply where a statutory tenancy has followed on from an earlier tenancy, are:
• where the tenancy was originally for a fixed term (for instance, 6 months), but continues on a periodic basis (for instance, monthly) after the term ends;
In these cases the landlord may propose a new rent at once. However, the first and third requirements referred to in notes 14 and 17 must still be observed.
"

But the OP is in a periodic tenancy, therefore the exception at para 16 applies.
The LL can therefore impose a new rent before 12 months have elapsed because the OP is now at the start of a periodic (ie new) tenancy.
The LL cannot however impose a further increase after this new one until another 12 months have lasped

anotherpaul_2

It's worth bearing in mind that the LL can give you two months notice to leave whenever they like. If they see you as more trouble than your worth, they might do this. (If you've been paying on time, they'd be foolish to do it, but there are plenty of foolish people out there.)

Is the rent increase large enough to risk this, considering the hassle and expense of moving?

Also, if they eventually agree that it can only be increased annually and the S13 is invalid, they can just issue a new one for next month, increasing the rent a little bit more, to cover their perceived lose of Novembers increase.

sunnysea83

Rents can only be increased ONCE a year and your landlord needs to serve you with a section 13 notice, providing at least one full months rent.

Best thing to do is contact your local Rent Assessment Panel and make an applicaiton to them, they will then write and say that the notice has been served too early etc, then when the landlord serves the notice correctly and your not happy with the amount there asking making a new applicaiton to the RAP and they will come and asses the rent.