Is S13 valid

[Deleted User]

Spud06 said:

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 ?

I have previously made a counter offer in response to request for rent increase and it was agreed. Is that possible here?

I am not sure what will be achieved by relying on the fact that the notice was slightly late.

propertyrental

Jonboy_1984 said:

...

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

pedantic I know, but:

'rental periods' are irrelevant here. What matters is 'tenancy periods' which are usually, but not always,  the same.

But thanks for the link re 2nd class postage.

Spud06

I made a counter offer in line with the increase they gave to next door and it was rejected, I offered to pay it from the 1st April and ignore the lateness of the s8 if they accepted the offer they said no, pay what we’ve told you it is from the 1st or you’re in breach and we’ll issue a s8

Spud06

Apologies I mean lateness of s13 no s8 🤦🏽‍♀️

propertyrental

Spud06 said:

....they said no, pay what we’ve told you it is from the 1st or you’re in breach and we’ll issue a s13

They said that exactly? So they are admitting their S13 was out of date hence threatening to issue a new one?

In which case how could you be in breach?

Either you have misquoted them or they really have no idea what they are doing!

smipsy

From what you have written, you have not been served a correct S13 notice, therefore you don't have to pay the new rent

Chrysalis

I would expect the S8 to be rejected.  Then new S13 issued with sufficient notice.

If you in a rolling tenancy however they might just go to S21 eviction instead.

I would point out to them it wasnt issued incorrectly, and as a goodwill gesture you will pay an increased rent from the next month so a compromise or after a new S13 notice period, but with written agreement so they cant come back to you later chasing backdated rent increases.  This is assuming you want to carry on living there.

If its not rolling, what does your current agreement say regarding the rent?

simon_or

I'm all for fighting for your rights as a tenant and in the past I've fought for minor things like a previous landlord trying to take a tenner off my deposit for a decrepit IKEA paper lamp shade in the flat.

But in this case I would recommend taking a step back and looking at the whole picture. I don't know where in the country you are but in many areas the rental market is terribly broken so moving might be more disruptive and expensive than you perhaps expect it to be.

Weigh up your options and if you want to stay in the property long term, and work towards that outcome. This month or the next, they will issue an S13 correctly and that will take effect anyways.