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"RPI" Rent Increase
Comments
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jjlandlord wrote: »In a SPT the landlord is not constrained by any rent increase clause and can use s.13 in any case...
I was unaware the landlord can increase the rent during the fixed term.
Everyday is a school day.Well life is harsh, hug me don't reject me.0 -
I was unaware the landlord can increase the rent during the fixed term.
Please, allow me:
Immers7: Lets be honest, your landlord doesn't need to quote anything to increase your rent.
You: He does if the tenancy agreement says so.
HappyMJ: During the fixed term...yes...not once the fixed term is over.
You: Please check your facts.
Hmm, school also teaches us to pay attention to what is being said /written...0 -
JohnnyWalker2001 wrote: »...Has there really been a Retail Price Index increase of 3% in the past year?...
No. RPI to May 2015 was 1.00%JohnnyWalker2001 wrote: ».. How have they gone about calculating this figure?...
Don't know. You'd have to ask them.0 -
jjlandlord wrote: »Please, allow me:
Immers7: Lets be honest, your landlord doesn't need to quote anything to increase your rent.
You: He does if the tenancy agreement says so.
HappyMJ: During the fixed term...yes...not once the fixed term is over.
You: Please check your facts.
Hmm, school also teaches us to pay attention to what is being said /written...
G_M needs to update his link in regards to rental increases then, as he also believes/written that because a tenancy is periodic doesn't automatically mean that a Sec 13(landlord does not need to give a reason) can be used.Well life is harsh, hug me don't reject me.0 -
G_M needs to update his link in regards to rental increases then, as he also believes/written that because a tenancy is periodic doesn't automatically mean that a Sec 13(landlord does not need to give a reason) can be used.
Sadly despite the 1988 Act, many sources state/imply that where a tenancy agreement includes a rent increase clause, it must be followed even in a SPT. However statute overules contract.
http://www.landlordzone.co.uk/content/rent-increases-with-assured-shorthold-tenancies
https://www.gov.uk/renting-out-a-property/rent-increases
http://www.landlordzone.co.uk/content/increasing-the-rent
etc
Of course this IS the case in a Contractual Periodic Tenancy (which this may or may not be - we don't know) since the 1988 would not apply.0 -
Sadly despite the 1988 Act, many sources state/imply that where a tenancy agreement includes a rent increase clause, it must be followed even in a SPT
Including your post on rent increasesOf course this IS the case in a Contractual Periodic Tenancy (which this may or may not be - we don't know) since the 1988 would not apply.
The Act applies. It is the Act that states that s.13 does not apply in that case.0 -
Yes I agree. I'll review. Suggestions welcome.
Sadly despite the 1988 Act, many sources state/imply that where a tenancy agreement includes a rent increase clause, it must be followed even in a SPT. However statute overules contract.
http://www.landlordzone.co.uk/content/rent-increases-with-assured-shorthold-tenancies
https://www.gov.uk/renting-out-a-property/rent-increases
http://www.landlordzone.co.uk/content/increasing-the-rent
etc
Of course this IS the case in a Contractual Periodic Tenancy (which this may or may not be - we don't know) since the 1988 would not apply.
I will say that the Sec 13 form(statutory government form) specifically states that it can not be used if the tenancy agreement has a term allowing for rent increases.
Hopefully jjlandlord will provide a source.Well life is harsh, hug me don't reject me.0 -
jjlandlord wrote: »Including your post on rent increases0
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I will say that the Sec 13 form(statutory government form) specifically states that it can not be used if the tenancy agreement has a term allowing for rent increases.
Hopefully jjlandlord will provide a source.
http://www.legislation.gov.uk/uksi/2003/260/schedule/made
The 1988 Act (here) (13.1.b) itself specifically excludes non Statutory periodic tenancies (ie contractual) "in relation to which there is a provision, ... under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period." but does not exclude contractual tenacies with no such provision, or statutory tenancies with such a provision.
Since the Act requires the use of the form, and the form is not to be used " if the tenancy agreement contains a term allowing rent increases" logic suggests rent cannot be increased via a S13 if the agreement specifies increases.
However whether 'guidance notes' are legally binding I don't know.0 -
I would expect the guidance notes that the government put on the form only this year are legal.
jjlandlord will be along shortly with links to back up his claim.Well life is harsh, hug me don't reject me.0
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