Received a s13 Notice - just checking my options

Love-Actuary

Hi,

We are currently on a periodic tenancy. The fixed period ended in September 2015, and we have been to-ing and fro-ing about the rent for the last 2 months. They originally proposed a very high increase (around 35%!), and are now proposing a lower but still too high increase (25%).

We have the s13 notice.... initially, it says that the increase will take effect from 15 June 2016, i.e. way back when the first talk of increasing the rent happened. At all stages we have offered an amount which is lower than their asking price. Am I right that this notice is effectively invalid, as all communication before today has been by text and e-mail, and this is the first "formal" notification we've had. I think this contravenes the first requirement that one month's notice must be given? And when I work it out, if one month's notice must be given and new rent must start on a new period, does this mean even if issued today, the rent could only increase on 15 October (i.e. 1 month notice taking us to 1 October, then taking effect from next rental period starting 15th?)

Secondly, I am not paying that increased rent and we have started looking for another property, accepting that me and the landlord won't agree.

If I simply refuse to pay the increase, what happens then? I guess the landlord issues a 2 month notice and the rent stays the same?

We probably need between 2 and 3 months to leave, so I am tempted to inform the agent of their error on the dates, and then closer to the time refuse to accept the increase, therefore giving us enough time to move out. Have I missed something?

Thanks for all the helpful advice on this forum it's a credit to the internet!

Bimbly

In terms of giving a month's notice of the rent increase, it is actually one month after the next rental payment. So, if your rent is paid on 1st of every month and landlord informs you of rent increase on 20th August, then you pay the original rent when due on 1st September and the rent will go up on 1st October.

Sorry I cannot help you with the rest of your question. Hopefully someone else will soon.

G_M

Have to admit I'm unclear of the timeline.

Some simple bullet ppoints with dates and what happened would be easier. However

Love-Actuary wrote: »

Hi,

We are currently on a periodic tenancy. The fixed period ended in September 2015, (14/9/15?) and we have been to-ing and fro-ing about the rent for the last 2 months. They originally proposed a very high increase (around 35%!), and are now proposing a lower but still too high increase (25%).
During this time, was a S13 served? Or was this simply informal discussion? What dte did this all happen?

We have the s13 notice
Date served?
.... initially, it says that the increase will take effect from 15 June 2016,
What do you mean 'initially'. A S13 Notice shows a date - that date cannot change!
i.e. way back when the first talk of increasing the rent happened.
no idea what this means. Please clarify the S13 Notice.
At all stages we have offered an amount which is lower than their asking price.
Before or after the S13? Please provide a clear sequence of events.
Am I right that this notice is effectively invalid, as all communication before today has been by text and e-mail, and this is the first "formal" notification we've had.
Why is the S13 invalid? Was it served by email? /??????
I think this contravenes the first requirement that one month's notice must be given?
I'm lost.
And when I work it out, if one month's notice must be given and new rent must start on a new period, does this mean even if issued today, the rent could only increase on 15 October (i.e. 1 month notice taking us to 1 October, then taking effect from next rental period starting 15th?)
Go back to square one and provide clear sequence of events particularly the dates of the S13

Secondly, I am not paying that increased rent and we have started looking for another property, accepting that me and the landlord won't agree.
Once a valid S13 is served, you cannot simply 'not accept it'. You can
* give notice and leave
* start paying it and stay
* appeal via the Rent Assessment Committee

If I simply refuse to pay the increase, what happens then?
Assuming the S13 is valid and you refuse to pay, you will be in rent arrears.
I guess the landlord issues a 2 month notice and the rent stays the same?
* A S8 Notice for renat arrears is more likely (2 months is not required).
* rent does NOT 'stay the same'. You still owe the new rent

We probably need between 2 and 3 months to leave, so I am tempted to inform the agent of their error on the dates,
When you inform them, I trust you will be clearer than you have been here
and then closer to the time refuse to accept the increase, therefore giving us enough time to move out. Have I missed something?
Yup!

Thanks for all the helpful advice on this forum it's a credit to the internet!

See:

* Rent increases: when & how can rent be increased?

Love-Actuary

Ok, sorry if my original post wasn't clear.

The timeline is as follows:

- 12 month tenancy started 15/09/2014 and fixed period ended 14/09/2015
- no communication from landlord or agent at this point, moved onto period tenancy, rent remained the same
- June 2016, landlord contacted to say rent is increasing by 35%
- June to now, we have discussed by text and e-mail the increase in rent, and period of fixing new tenancy (which you have indicated we do not want to do)
- this week, section 13 notice issued, sent to us by email, asking us to confirm acceptance, but showing the rental increase (higher than we have offered) as commencing on 15 June 2016

I have not communicated with the landlord or agent since then.

So the questions from my original post are:

Firstly, is the s13 notice valid, as it tries to increase the rent from an historical date. I was also checking that none of the previous conversations meant that notice had already been served of the increase.

Secondly, confirming my understanding that the earliest the rent could be increased is 15 October 2016, because 1 month's notice would be 30 September, and this is in the middle of a rental period.

Thirdly, what our options are. We will be leaving the property, our relationship with the landlord has broken down. I think you've answered that question already, but it seems a little unfair that the only options are pay the rent, or us give notice, instead of an option being that the landlord must serve notice to us instead.

Thanks for your input!

G_M

1) no the conversations do not seem to have resulted in a rent increase since
a) you did not reach an agreement (which WOULD have been binding), or
b) you did not start paying a new rent (which would have legally constituted acceptance)

2) No, a S13 cannot be back-dated. I suspect th S13 therefore has no legal value. (Keep the email to prove date of receipt. But see also 3 below) However, there is a possibility that a court would accept it was an admin error, and would allow the S13 to be applied as from an appropriate date (ie 15th October as you rightly calculate).

3) Does your tenancy agreement say anything about how the landlord can/should serve notices on you? Does it say email is acceptable? Responding to the email would, of course, acknowledge receipt of the S13. Ignoring it throws into doubt whether it was 'served' (unless email is the contractually agreed mechanism for service in your tenancy agreement)

4) The options I provided earlier were based on the assumption that the S13 was valid. You now also have the additional option of treating it as invalid. You could therefore simply ignore it and continue to pay the same rent.

If /when the landlord claims you are in arrears, and/or if the landlord serves a S8 (possession) Notice for rent arrears, you contest the validity of the S13 notice, and therefore the S8 Possession application would be dismissed on the grounds there were no arrears.

This does NOT, however, prevent the LL serving a S21 Notice for possession, since no reason for this is needed. However this takes 2 months before it can go to court.



I'm bemused by "email, asking us to confirm acceptance," A S13 Notice does not require acceptance from you. It is a notice telling you the rent is increasing (though as already stated, you can appeal via RAC).

What exactly does the email say? Is the S13 an attachment, or written into the email text? Is it a formal Section 13 Notice? Or perhaps simply further negotiation continuing?