Section 13 Validity

o202

Hey, Just a quick one I hope

Today I've just received a Section 13 notice for rental increase from £475 to £495. Now this tenancy was originally an AST from May 14 - May 15, which has become a periodic tenancy.

Now I don't particularly object to the rent increase as I'm preparing to exchange contracts on a house (not giving notice until exchanged) and aim to have completed prior to the rent increase taking effect in December.

Now looking at the guidance notes, the managing agent has used the correct form (4B) as revised this year:

xxx.legislation.gov.uk/uksi/2015/620/pdfs/uksi_20150620_en.pdf

however they've neglected to sign and date the actual form, but rather just attached a cover letter.

Would I be correct in saying that either the landlord or the letting agent MUST sign the form for it to be deemed valid as per point 13 of the guidance notes?

I'm not so bad as to "accidentally" not point out their mistake until the 1m deadline has passed meaning they would have to serve a valid notice, but rather just wondered if it was worth contacting them to have them send out a new notice.

Cheers,
o202

theartfullodger

o202 wrote: »

.......however they've neglected to sign and date the actual form, but rather just attached a cover letter.

.....

Interesting:

Whatever you do (unless you are happy to) don;t pay the increased rent...

In the form
http://www.legislation.gov.uk/uksi/2015/620/schedule/made
listed in
Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015
(was this the same form??)
it says

need to copy..can't sorry...

they must sign (s13 of notes for landlord)

So write (yes, WRITE! - keep copy) to the statutory body pointing this out & challeging validity