Section 13 notice

ValHaller

fraserh1 wrote: »

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

I think you are squeezed between 2 asres.

The LL should be able to provide a S13 by finding a template on the internet - or may be you can point him to one.

The council are being officious too as far as I can see. There probably is no prescribed form which is a section 13 notice.

According to http://www.visum-property.co.uk/section-13-notice/

The Section 13 Notice must provide the following details:

• Details of the Landlord and/or his Agent
• Details of the Tenant
• Details of the Property
• The amount of the increased rent and any other increased charges
• The proposed commencement date

The landlord must serve the section 13 to the tenant, giving the Tenant at least 1 months’ notice where the rent is paid on a weekly or a monthly basis. For a yearly tenancy, a period of six months’ notice is required before the increase can be put into effect.

and I imagine that the only thing missing from your Landlords notice is a heading or sentence saying it is a section 13 notice. So probably the council are wrong in rejecting the letter.

jjlandlord

Of course landlord can serve s.21 notice at any time.
The real question is whether he would then actually try to evict...

ValHaller wrote: »

There probably is no prescribed form which is a section 13 notice.

Yes, there is a prescribed form.

ValHaller

jjlandlord wrote: »

Of course landlord can serve s.21 notice at any time.
The real question is whether he would then actually try to evict...



Yes, there is a prescribed form.

By "prescribed form" do you mean a specific printed form or a set of words or just a set of requirements to provide an S13 notice?

If it is a printed form, where and what please? May help OP direct his LL.

If it is just a set of requirements, perhaps the LLs' notice conforms?

jjlandlord

ValHaller wrote: »

By "prescribed form" do you mean a specific printed form or a set of words or just a set of requirements to provide an S13 notice?

I meant what you presumably meant when you used the term... which is a specific form defined by statute.

Finding it is quicker than to post the question! Google 'section 13 prescribed form'

ValHaller

jjlandlord wrote: »

I meant what you presumably meant when you used the term... which is a specific form defined by statute.

Finding it is quicker than to post the question! Google 'section 13 prescribed form'

Yes, this is miring itself in ambiguity. There is, I think, no specific required printed form. The prescribed form defined by Statute seems to be no more than a set of requirements which the section 13 notice must fulfill.

I doubt that there will be very much wrong with the letter that the OP has already received. I am asking the question not because I need to know - I am not a Landlord. I thought a link fo choice from a Landlord such as yourself would help the OP firstly determine whether the notice is a valid S13 notice and secondly might assist him in setting the Landlord down the right path.

fraserh1

The council have already said the letter is not good enough, hence them asking for the sect 13.

I spoke to the LA again this afternoon, hopefully with the intention of diffusing things. Although he said he understands I'm only relaying what I have been asked for by the council he is still pretty angry and complaining its not necessary. He said he was going to seek legal advice.

I dont know if he did or not, and if so what that advice was but a couple of hours ago I found an envelope on my doormat and in it was a section 13 notice that had been hand delivered so at least that is one problem solved. I just hope this doesn't create any more.:(

Thanks to everyone who has commented and offered advice.

ValHaller

fraserh1 wrote: »

The council have already said the letter is not good enough, hence them asking for the sect 13.

I spoke to the LA again this afternoon, hopefully with the intention of diffusing things. Although he said he understands I'm only relaying what I have been asked for by the council he is still pretty angry and complaining its not necessary. He said he was going to seek legal advice.

I dont know if he did or not, and if so what that advice was but a couple of hours ago I found an envelope on my doormat and in it was a section 13 notice that had been hand delivered so at least that is one problem solved. I just hope this doesn't create any more.:(

Thanks to everyone who has commented and offered advice.

Thanks for the update - for our interest and education, (and to improve the knowledge here) could you compare the original letter with these criteria

The Section 13 Notice must provide the following details:

• Details of the Landlord and/or his Agent
• Details of the Tenant
• Details of the Property
• The amount of the increased rent and any other increased charges
• The proposed commencement date

The landlord must serve the section 13 to the tenant, giving the Tenant at least 1 months’ notice where the rent is paid on a weekly or a monthly basis. For a yearly tenancy, a period of six months’ notice is required before the increase can be put into effect.

and tell us how the letter did not meet the criteria?

G_M

ValHaller wrote: »

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

Thanks! Amended.

New link to sample S13 Notice here:

http://www.legislation.gov.uk/uksi/2003/260/schedule/made

or here:

Notice Of Rent Increase ForSection 13 (MS Word format)

jjlandlord

ValHaller wrote: »

Yes, this is miring itself in ambiguity. There is, I think, no specific required printed form. The prescribed form defined by Statute seems to be no more than a set of requirements which the section 13 notice must fulfill.

There is no ambiguity, and I have already made a crystal clear reply:

There is a prescribed form for a s.13 notice. By definition a letter by a landlord requesting an increased rent will not be in the prescribed form, and therefore no more than a proposal that the tenant can refuse.

Clearly letter from landlord/agent was not a s.13 notice. They apparently have rectified this.

ValHaller

theartfullodger wrote: »

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...

I buy the reason that because it was too difficult to evict a tenant for Landlord based reasons, not enough rental accommodation was available. But I think that 2 months notice is too short - for tenant based reasons for Landlord to give notice other than arrears the initial default 6 month term would stand anyway. So 6 months appears to be the least which should be allowed for most Landlord based reasons for the Landlord to give notice.