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

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
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Comments

  • DE_612183
    DE_612183 Posts: 3,553 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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.


  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 12 April 2024 at 10:23AM
    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.
  • Grumpy_chap
    Grumpy_chap Posts: 18,008 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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
    40% increase in one step is a big change.
    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.
  • theartfullodger
    theartfullodger Posts: 15,651 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • Mr.Generous
    Mr.Generous Posts: 3,950 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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.
  • Linx100
    Linx100 Posts: 5 Forumite
    First Post
    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.
    The T did not ask for the rent increase. The T only asked the landlord to notify the increase using the right procedure, i.e. by serving a section 13 notice. Having a section 13 notice would allow the T to challenge the rent increase in the rents tribunal. 
  • Linx100
    Linx100 Posts: 5 Forumite
    First Post
    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
    40% increase in one step is a big change.
    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.
    Yes, totally. However, if the T had been served the correct section 13 notice, they would be able to challenge the increase in the first tier tribunal if the new proposed rent is above market rate. Without the appropriate notice, they can't do that. It is true that the T has the option to ignore the letter and keep on paying the same rent, but the landlord may just decide to start the possession proceedings.
  • theartfullodger
    theartfullodger Posts: 15,651 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Linx100 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.
    The T did not ask for the rent increase. The T only asked the landlord to notify the increase using the right procedure, i.e. by serving a section 13 notice. Having a section 13 notice would allow the T to challenge the rent increase in the rents tribunal. 
    There is no "right" procedure: S13 is but one ..  

    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.
  • Linx100
    Linx100 Posts: 5 Forumite
    First Post
    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.
    Yes, rent can be increased if both parties agree, but this is not the case. The T is not happy about the proposed increase. My understanding is that without a valid section 13 notice, the T cannot challenge the rent increase in the Tribunal. 
  • anselld
    anselld Posts: 8,616 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Linx100 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.
    The T did not ask for the rent increase. The T only asked the landlord to notify the increase using the right procedure, i.e. by serving a section 13 notice. Having a section 13 notice would allow the T to challenge the rent increase in the rents tribunal. 
    There is no "right" procedure: S13 is but one ..  

    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.
    If there is a contractual rent review formula in the contract such as RPI or CPI for example then the rent could be increased in line with the contract clause.  S13 would not be required and would in fact be invalid in those circumstances and it could not be successfully challenged at tribunal.  T can still refuse to pay of course, but then they can refuse to pay rent full-stop.  
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