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Landlord won't issue section 13 notice when it is required

Linx100
Posts: 5 Forumite

I wonder if anyone has had this issue. The landlord notified tenant of a rent increase in a letter, i.e. did not use the prescribed form under section 13.
Tenant asked for a section 13 notice, but landlord refused by saying it is not required. However, in this situation it is required.
What are the tenants options in this situation? The tenant is not happy to accept the increase as it is nearly 40%.
Thanks
Tenant asked for a section 13 notice, but landlord refused by saying it is not required. However, in this situation it is required.
What are the tenants options in this situation? The tenant is not happy to accept the increase as it is nearly 40%.
Thanks
0
Comments
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I would assume they carry on paying the existing amount as there is no contract in place to pay anything any different.
It depends on the situation of course - if you upset the landlord, chances are he'll serve a no fault eviction and then not give a reference.
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Assuming you are right that "in this situation it is required." then the T can ignore the letter and continue to pay the original rent.However T needs to be sure S13 is needed.Why the T would ask for a S13 I have no idea. Seems bonkers!Note that if the T starts to pay the new rent, it is legally assumed he has agreed the new rent which is then binding.1
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Linx100 said:I wonder if anyone has had this issue. The landlord notified tenant of a rent increase in a letter, i.e. did not use the prescribed form under section 13.
Tenant asked for a section 13 notice, but landlord refused by saying it is not required. However, in this situation it is required.
What are the tenants options in this situation? The tenant is not happy to accept the increase as it is nearly 40%.
Thanks
The first thing the T would be wise to do is understand whether the rent they currently pay is at market rate, or well below market rate for some reason. Then whether the new rent requested by the LL is at the current market rate.
That assessment might inform the T's thinking as, if the 40% uplift is then much higher than market rate, the T has the option to simply choose to move. If the 40% uplift is near to market rate, then the T will need to give more consideration to options around negotiation.1 -
Landlord is correct he does not have to serve s13. If tenant starts paying increase then that's agreed, no further paperwork required. (think there may be case law).
If tenant declines to pay increase many would expect landlord to serve a different notice - s21.
Sorry, life ain't fair.1 -
40% sound steep, but has the rent been unchanged for many years? I saw a complaint where someone had a similar rise but was paying less than half the market rent and landlord decided to bring it up to date to help fund a new roof or something.
Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.0 -
propertyrental said:Assuming you are right that "in this situation it is required." then the T can ignore the letter and continue to pay the original rent.However T needs to be sure S13 is needed.Why the T would ask for a S13 I have no idea. Seems bonkers!Note that if the T starts to pay the new rent, it is legally assumed he has agreed the new rent which is then binding.0
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Grumpy_chap said:Linx100 said:I wonder if anyone has had this issue. The landlord notified tenant of a rent increase in a letter, i.e. did not use the prescribed form under section 13.
Tenant asked for a section 13 notice, but landlord refused by saying it is not required. However, in this situation it is required.
What are the tenants options in this situation? The tenant is not happy to accept the increase as it is nearly 40%.
Thanks
The first thing the T would be wise to do is understand whether the rent they currently pay is at market rate, or well below market rate for some reason. Then whether the new rent requested by the LL is at the current market rate.
That assessment might inform the T's thinking as, if the 40% uplift is then much higher than market rate, the T has the option to simply choose to move. If the 40% uplift is near to market rate, then the T will need to give more consideration to options around negotiation.0 -
Linx100 said:propertyrental said:Assuming you are right that "in this situation it is required." then the T can ignore the letter and continue to pay the original rent.However T needs to be sure S13 is needed.Why the T would ask for a S13 I have no idea. Seems bonkers!Note that if the T starts to pay the new rent, it is legally assumed he has agreed the new rent which is then binding.
Increase served any other way may be challenged by tenant declining to pay increase.. (eg informal notice or new tenancy agreement with higher rent - tenant doesn't sign: Job done)#
£5 to an agreed housing charity if there is any way (England) of AST landlord increasing rent without option for tenant to challenge or simply decline to pay, increase doesn't happen.
Best wishes to all.1 -
theartfullodger said:Landlord is correct he does not have to serve s13. If tenant starts paying increase then that's agreed, no further paperwork required. (think there may be case law).
If tenant declines to pay increase many would expect landlord to serve a different notice - s21.
Sorry, life ain't fair.0 -
theartfullodger said:Linx100 said:propertyrental said:Assuming you are right that "in this situation it is required." then the T can ignore the letter and continue to pay the original rent.However T needs to be sure S13 is needed.Why the T would ask for a S13 I have no idea. Seems bonkers!Note that if the T starts to pay the new rent, it is legally assumed he has agreed the new rent which is then binding.
Increase served any other way may be challenged by tenant declining to pay increase.. (eg informal notice or new tenancy agreement with higher rent - tenant doesn't sign: Job done)#
£5 to an agreed housing charity if there is any way (England) of AST landlord increasing rent without option for tenant to challenge or simply decline to pay, increase doesn't happen.
Best wishes to all.3
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