Second rent increase after served with S13 notice

shemsshem

Good morning,

I was served with a s13 notice on Saturday, increasing my rent.  I have no issue with this increase.

Yesterday, I was emailed by the letting agency, advising that the landlady wished to double the rent increase.  Do I want to continue my tenancy?

I responded to say that I want my tenancy to continue, but did not comment on the rent increase.

I am in England (Birmingham) and I have a rolling periodic tenancy.

My questions are:

1. Can my rent be increased again, after a s13 notice has been received in the same week?

2. If not, have I accepted any way, by my email response?

3. If the answer to the above two questions is no (I don't expect it to be) and I say I will only pay the s13 amount, can I be served a s21 for declining the rent increase?

Thank you.

penners324

You can refuse to sign the tenancy agreement therefore you continue to pay the old rent on a rolling tenancy.

Snookie12cat

All options that's do not involve accepting the rent increase can result in an eviction notice. No reason is needed for this.

canaldumidi

shemsshem said:

1. Can my rent be increased again, after a s13 notice has been received in the same week?

2. If not, have I accepted any way, by my email response?

3. If the answer to the above two questions is no (I don't expect it to be) and I say I will only pay the s13 amount, can I be served a s21 for declining the rent increase?

Thank you.

1. Only one S13 (form 4) Notice an be served each 12 months. The email has no legal force - it is simply a request which you can agree to or deny (or ignore).

2) Depends on the exact wording. Please quote."I want my tenancy to continue" is a reference to the tenancy, not the rent. So you are still free to accept the original S13 Notice, or refer it to 1st Tier Tribunal. See link below.

3) A S21 Notice can be served at any time, for any (or no) reason to expire after 2 months, followed by a possession application which can take 6+ further months. However it must be valid, so check the 85 questions linked below.

All the above also depend if you have a SPT or a CPT (see link below) If a CPT, rent increases may be specified within the contract. If a SPT a S13 is not valid- a different form is required.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: Rent increases: when & how can rent be increased?

* S21 checklist (Is a S21 valid?)

theartfullodger

Ask for 2nd s13.  Then appeal it to tribunal (comes with info on how to) on grounds of being within 12 months of previous one.

canaldumidi

theartfullodger said:

Ask for 2nd s13.  Then appeal it to tribunal (comes with info on how to) on grounds of being within 12 months of previous one.

Why please? If a valid S13 has been served, a 2nd one cannot be served for 12 months?

deannagone

Look also at whether the rent increase makes the total rent in line with rents for similar properties in your area.  If it is relatively high, you might not be too bothered at receiving a S21 if you disagree with the second rent increase (assess if its worth the trouble of disputing the second rent increase).

I personally would try contacting the LL directly to discuss the situation with them.  Ocassionally they aren't even aware of what an LA is doing.  

saajan_12

shemsshem said:

Good morning,

I was served with a s13 notice on Saturday, increasing my rent.  I have no issue with this increase.

Yesterday, I was emailed by the letting agency, advising that the landlady wished to double the rent increase.  Do I want to continue my tenancy?

I responded to say that I want my tenancy to continue, but did not comment on the rent increase.

I am in England (Birmingham) and I have a rolling periodic tenancy.

My questions are:

1. Can my rent be increased again, after a s13 notice has been received in the same week?  - it can if you both mutually agree to the second increase. It can't if you don't.
(the only way of forcing an increase without mutual agreement is via another S13 for which they must wait 12 months)

2. If not, have I accepted any way, by my email response? - depends on the wording. If you just talked about the tenancy continuing, then probably not..? If the wording is ambiguous and you start paying the 2nd increased amount, then it'll be interpreted as that beign the intention. 

3. If the answer to the above two questions is no (I don't expect it to be) and I say I will only pay the s13 amount, can I be served a s21 for declining the rent increase? - You can be served a S21 anyway regardless of the rent increase. Your decision is then based on how likely you think that is and whether its worth your while paying the 2nd increase (now or when they actually serve the S21) if thats still better than what you could get elsewhere. 

Thank you.

Comments in line. 

coypondboy

The bigger picture is very little rental properties available so do not upset landlord as you don't want to be evicted and will expalin why your rent has gone up.  Never been a better time for a landlord who fixed their btl mortgages at 1% for 5 yrs profit margins are huge and the poor renter has no protection as landlord has plenty of other renters who would jump at the chance of any property even if rent goes up 50%.

TripleH

deannagone said:

Look also at whether the rent increase makes the total rent in line with rents for similar properties in your area.  If it is relatively high, you might not be too bothered at receiving a S21 if you disagree with the second rent increase (assess if its worth the trouble of disputing the second rent increase).

I personally would try contacting the LL directly to discuss the situation with them.  Ocassionally they aren't even aware of what an LA is doing.  

I second this, in our last rental we were getting hassled by the letting agent to sign a new contract but the landlord was completely unaware of this. It might also be the first s13 was wrong hence the second one being issued. If however the first was issued correctly, that is between the letting agent and landlord not you.

dimbo61

Wow can you tell me which lender is offering a BTL  5 year fix at 1%?
Free legals and No arrangement fee as well ?