Is S13 valid

Spud06

I received received a s13 notice for a rent increase to take effect 1st April 2023, the S13 however didn’t arrive till the 3rd March (posted 2nd class on Friday 24th February, therefore giving me less than the requisite one calendar months notice, the LL is now threatening a S8 if I don’t pay the increase from that date, where do I stand refusing to pay ?

caprikid1

What outcome do you want to achieve, do you want to stay or are you happy to go.

london21

By how much have they increased the rent?

What is the new rate compared to the going rate in the area?

If you do not want to stay then can challenge, costs of everything going up.

Spud06

I need to stay! Rent has increased from £1200 to £1400 which I asked them to justify as next door (all properties on street owned. By investment  company) only had a &100 increase in dec 2022 (identical House) 
We’ve previously paid about the same been in the properties the same amount of time )I moved in a month before them in June 2017) I have a smaller garden so mine has always been £25 less per month until this increase 
they advertise the same house at &1600 for new tenants but they take a very very long time to let so not sure if the rent they get and ageee upon is the value they’re advertised at 

CSI_Yorkshire

Spud06 said:

only had a £100 increase in dec 2022

Add six months of ~10% inflation, and £200 isn't far off.

propertyrental

Had they posted it 1st class it would have been (legally) considered 'served' 2 working days later, even if not delivered till later.
But 2nd class I don't believe there is a similar assumption, so it would take effect a month later (1st May).

If they serve a S8, I assume they'd use Ground 10 ('some rent arrears') which gives the court discretion on whether to evictor not. I doubt they would.
Ground 8 which gives the court no discretion requires 2 months arrears.

But if you want to stay, maybe best to pay and retain decent relations. S21 is always another risk.

Is the increase ad/or new rent actually fair given current market rents?

As a further aside, does your last tenancy agreement have a rent increase clause?

Schedule 2 (17 S8 Grounds a LL can use)

Spud06

Is the S8 valid at all ? Or does the increase kick in a month later by default? Don’t they have to issue a new one ?
I don’t want to pay it, I would have been ol’ paying the same increase they have next door but for mine to be double grates a hell of a lot and they’re not even prepared to discuss or negotiate it so as I say or get out even if they’re in the wrong, it’s really frustrating cos it’s so unfair 

propertyrental

Answer (to us and yourself) the Q regarding local market rents. If you were to leave, either volunteerily in a huff, or following a court process, could you find a similar property (or at least one that ticks (most of) your requirement boxes?

That might influence your best course of action.

Also the Q about rent clauses in the TA.

To be honest, I'm not sure if the S13 has to be re-issued or kicks in a month later (anyone?). I suspect you are right and new one needed.

But either way if you stay, and want to continuing staying, he LL will probably eventually get it right, hence the Qs above.

Spud06

No rent clauses in the on the TA at all 

Jonboy_1984

Second class post is deemed to have been served 4 working days after posting, https://www.morrlaw.com/party-wall/statutes/interpretation-act-1978/section-7/ so posted in the 24th would be deemed served on 3rd March.

Is your rental period a calendar month or does it start on a certain day of the month?

Spud06

Rental period runs from the 1st of the month that’s why I was expecting it to arrive sooner/them prepare better