Section 13 notice

fraserh1

Im in a rolling monthly contract, have been since mid 2008. My LA wants to increase the rent which I am fine with. Should he be issuing me with a Section 13 notice to do this though? He says not, council says yes.

Can someone tell me who is right please.

ValHaller

How is he proposing to increase the rent? Is it by issue of a new contract? If this is the case, of course, it is to your disadvantage, because you lose the benefit of a statutory periodic tenancy.

I think I am right in believing that a section 13 will leave you on a statutory periodic - but at the same time if it is an informal approach which you are basically in agreement with, why not just accept it?

martinsurrey

if you agree with the rent increase he doesnt need to, anything can be done through mutual agreement.

if you dont agree voluntarily (through negotiation) he can issue a section 13 notice to 'force' the rent up if you disagree with the increase it goes to a rent assessment committee who will assses local rents.

but in all reality, if you make it difficult, expect a section 21 notice as he probably doesn’t want the agrro.

dodger1

OP are you on housing benefit or LHA, maybe that has something to do with it, just thinking out loud.

fraserh1

dodger1 wrote: »

OP are you on housing benefit or LHA, maybe that has something to do with it, just thinking out loud.

Yes. this is where the council come in. I recieve a small amount of housing benefit. I was informed of the increase in rent by letter from the LA. I took the letter to the council who informed me I needed a section 13 notice. The LA is saying I dont.

Surely they cant issue a section 21 for something thats not my fault. The LA is aware I get some help with the rent.

martinsurrey

fraserh1 wrote: »

Yes. this is where the council come in. I recieve a small amount of housing benefit. I was informed of the increase in rent by letter from the LA. I took the letter to the council who informed me I needed a section 13 notice. The LA is saying I dont.

Surely they cant issue a section 21 for something thats not my fault. The LA is aware I get some help with the rent.

They can issue a s21 notice without a reason if you are in a statutory periodic tenancy (and I won’t get bogged down in correct procedure, or deposit protection...) and a court has no option but to grant possession to the landlord if it is correctly served.

The land lord has clearly shown he doesn’t want to get involved with a s13 increase and if you make it difficult for him he will be likely to evict (hopefully I am wrong, but I wouldnt get my hopes up).

I know this puts you between a rock and a hard place, but its the way the system works.

G_M

See:

Rent increases (how and when can rent be changed)

rpc

So you are stuck in an difficult place.

The council (understandably) don't want you to agree to an increase in the rent that they pay. If this increase was backed by a statutory notice, then they have less choice.

If you insist on a S13 then LL may well just issue a S21 instead.

If you can pay the increase without an increase in housing benefit, then you probably can agree but check with the council.

fraserh1

I will just have to keep my fingers crossed that a notice to quit doesnt arrive, although I do think the LA would be shooting the landlord in the foot given that I have lived her for several years, have never been in arrears with the rent and look after the property well. The current problem is not one of my making.

I admit I might not know if there are any implications to the Section 13 from the LA's perspective, but to me its just an official piece of paper that I was asked by the council to provide so they could reassess my housing benefit entitlement. I had assumed a basic letter was not considered enough because of the possibility it may have been fake. Im not challenging the increase in any way.

Now im worried

ValHaller

G_M wrote: »

See:

Rent increases (how and when can rent be changed)

Some of your links are broken due to http://www.communities.gov.uk being discontinued - in particular to a S13 template.

theartfullodger

fraserh1 wrote: »

....

Surely they cant issue a section 21 for something thats not my fault. .... .

Indeed they can: That's the whole point of Thatcher's Section 21: Evict an admirable, rent-paying tenant who's never upset a neighbour & always looked after the place and Thatcher says you don't need a reason...