Hello S13 question please

Islaboo

Thank you

Can you tell me please how long an S13 has to be issued for before becoming effective?
If an S13 is received today can the rent be increased on the 30th November or what would be the earliest date?

G_M

Usually one full Tenancy Period.

So it depends on the length, and dates, of the Tenancy Periods.

Is this a weekly tenancy? Monthly?

See Housing Act 1988 S13:

3)The minimum period referred to in subsection (2) above is—
(a)in the case of a yearly tenancy, six months;

(b)in the case of a tenancy where the period is less than a month, one month; and

(c)in any other case, a period equal to the period of the tenancy.

Rent increases (how and when can rent be changed)


I assume that
a) this is a Periodic Tenancy
b) there is no clause relating to rent increases in the original tenancy agreement and
c) the tenant has been in occupation for a year or more.

Islaboo

Thank you for your fast answer.
The Tenancy was fixed for 1 year we are coming to the end of it. The contract will go onto a periodic tenancy on the 29th Nov.
We pay monthly.
We have nothing in the contract other than it can be reviewed at the end of a tenancy.
Thank you

G_M

Islaboo wrote: »

We pay monthly.

If the Fixed Term ends on 28th Nov, then from 29th Nov, and assuming you
a) do not sign a new tenancy agreement AND
b) do not move out

you will have a monthly Statutory Periodic Tenancy. The rent will not change.

The LL cannot serve a S13 Notice until the STP starts (ie after 29th).

The Notice period required is as above:

(c)in any other case, a period equal to the period of the tenancy.

So if he served it on, say 1st Dec, it would take effect on 29th Jan 2013 (29th Dec - 28th Jan Tenancy Period).

I am uncertain if he can serve the S13 Notice ON 29th Nov, to take effect on 29th Dec - anyone ele know?

If he has already served it, ignore it as it is invalid. And even if it WERE valid, it could not take effect on 29th Nov!

Islaboo

Thank you very much G__M for your very good advice. Even if he manages to do it on the 29th it still gives us 1 extra month without rent increase.

When I relay this to him will he be able to simply tell me to leave on the last day of my fixed tenancy without giving me 2 months notice? Or would it be 1 month if he gets an S21 in today?

Thank you

theartfullodger

Islaboo wrote: »

....

When I relay this to him will he be able to simply tell me to leave on the last day of my fixed tenancy without giving me 2 months notice? Or would it be 1 month if he gets an S21 in today?

Thank you

Don't tell him S13 is invalid - wait till he tries to enforce it, then he'll find out & have to start again: Gains you more time.. but he may not be happy.

He can ASK you to leave any date he likes (you can agree, or not, your choice...). However if he wants to force you to leave he needs to serve S21, wait till expires (at least 2 months..) then start court case, get possession order, find you don't leave, get bailiffs... ie several months...

Was there a deposit, was it protected, were you served with the "prescribed information" (if not any S21 will be invalid anyway...)

Cheers!

Fire_Fox

Islaboo wrote: »

Thank you very much G__M for your very good advice. Even if he manages to do it on the 29th it still gives us 1 extra month without rent increase.

When I relay this to him will he be able to simply tell me to leave on the last day of my fixed tenancy without giving me 2 months notice? Or would it be 1 month if he gets an S21 in today?

Thank you

Agree with G_M and Artfullodger, don't tell the landlord the section 13 notice is invalid and don't pay. When he chases you, then tell him the notice is invalid as it was served within the fixed term. by then he will have missed the boat for another month.

Unless you were already served with a section 21 early in the tenancy (but after the deposit was lodged) the landlord will have to serve you notice to quit he cannot simply expect you to leave at the end of the fixed term. If you don't go at the end of the S21 he has to go to court.

http://www.tenancyagreementservice.co.uk/rent-increases.htm

G_M

With regards to whether and how the LL can ask/make you leave, read this post here.

As for

When I relay this to him will he ....

the answer is simple: don't relay it. Just keep quiet.