Section 13 notice

fraserh1

ValHaller wrote: »

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

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

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

But I have just noticed that the dates between the letter and the date the new rent is to take effect is only 3 weeks and not a month.

ValHaller

jjlandlord wrote: »

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.

You are as clear as mud and you have left ambiguity hanging. You have not clarified whether you mean a specific printed form or a set of words or just a set of requirements to provide an S13 notice?

There is nothing in any definition you have provided either way which makes a letter either valid or invalid as a section 13 notice. Primarily because you have not provided any definition - just assertion which is open to question.

You have not seen the notice from the Landlord, so I wonder what glasses you are wearing when you say that it clearly was not a Section 13 notice.

ValHaller

fraserh1 wrote: »

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

But I have just noticed that the dates between the letter and the date the new rent is to take effect is only 3 weeks and not a month.

Ah! Thanks for this. As I see it, this is probably effectively a Section 13 notice - but invalid because of the dates.

Perhaps jjlandlord would care to illuminate us on this

jjlandlord

ValHaller wrote: »

You have not clarified whether you mean a specific printed form or a set of words or just a set of requirements to provide an S13 notice?

"prescribed form" is a definition. G_M has very kindly provided a link to the form.

OP must receive a form exactly like that, and with correct dates, for the request to be formal and basically binding.

You do not know anything about the topic, so please stop.

ValHaller

jjlandlord wrote: »

"prescribed form" is a definition. G_M has very kindly provided a link to the form.

OP must receive a form exactly like that, and with correct dates, for the request to be formal and basically binding..

OK, the Section 13 notice is prescribed in terms of the wording which must appear as given in The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003. The essentials features are that the notice must contain relevant information concerning the tenancy and also certain guidance notes to assist the tenant in dealing with the Section 13 notice.

Thanks to G_M for the link and for updating it.

And no thanks to this arrogant twerp

jjlandlord wrote: »

You do not know anything about the topic, so please stop.

who is more intent on lording it over us with his knowledge than illuminating or clarifying anything. jjlandlord, I am not going to stop. If you don't like it. just go away.

G_M

ValHaller wrote: »

......You have not clarified whether you mean a specific printed form or a set of words or just a set of requirements to provide an S13 notice?

I repeat:

New link to sample S13 Notice here:

http://www.legislation.gov.uk/uksi/2.../schedule/made

or here:

Notice Of Rent Increase ForSection 13 (MS Word format)

A S13 Notice must be in the 'prescribed form'. Not just a jumble of words that happen to contain certain bits of information.

nick100*2007

As far as I know, the landlord must give 3 months notice to increase rent. Call their bluff and serve your notice to end the contract making it clear why you are doing this. The landlord would be very unlikely to let you go as they would have additional expenses to set up a new tenancy and may have a month with no rent.

nick100*2007

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...

Why should the landlord need a reason to ask a tenant to leave? They may want to move into it themselves, or have a friend who needs somewhere to live etc.

ValHaller

nick100*2007 wrote: »

As far as I know, the landlord must give 3 months notice to increase rent.

Nope. 1 month.

See http://www.legislation.gov.uk/uksi/2003/260/schedule/made paras 14 to 17 of guidance notes for tenant.

nick100*2007

Does this differ from an assured short hold?