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

theartfullodger

Fair point!  Which charity?? 

I guess also tenant could decline to pay, stating increase clause is invalid or ambiguous .. and end up in court???

Mr.Generous

theartfullodger said:

Fair point!  Which charity?? 

I guess also tenant could decline to pay, stating increase clause is invalid or ambiguous .. and end up in court???

The MrGenerous retirement fund would welcome contributions, though not strictly a charity.

_Penny_Dreadful

Linx100 said:

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.

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. 

Let’s say that there is no rent review clause in the original tenancy agreement and that a Section 13 is the right way to formally increase the rent. If the proposed increase is in line with market rents then going to tribunal will be pointless. What’s more is that if a Section 13 can be issued so can a Section 21. 

propertyrental

Linx100 said:

Why the T would ask for a S13 I have no idea. Seems bonkers!

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. 

I understood that. But not having a S13 Notice would allow the T to ignore the rent increase completely.

As others have said there are other way rent can be increased eg

* mutual agreement (including T just paying the new rent)

* reliance by the LL on a rent review clause in the contract. Indeed if there is such a clause, a S13 would be invalid, but the OP said "in this situation it is required." so we must take the OP at his word.

Sistergold

40% is not necessarily unreasonable, check the going rates and whether what the new rent will be is fair. Landlords need fair rents to also pay their obligations. If the increase makes the rent unreasonable then negotiate with or without the s13. 

caprikid1

"0% is not necessarily unreasonable, check the going rates and whether what the new rent will be is fair. Landlords need fair rents to also pay their obligations. If the increase makes the rent unreasonable then negotiate with or without the s13. "

I think the tenant has most likely been enjoying a considerably below market rate for some time, unfortunately this landlord will now most likely issue annual increases to avoid such a shock for the tenant. 

I think do your research on the market before being too difficult, you need to 100% understand the outcome you want. As artful has pointed out likely a S13 or a S21.

Linx100

propertyrental said:

Linx100 said:

Why the T would ask for a S13 I have no idea. Seems bonkers!

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. 

I understood that. But not having a S13 Notice would allow the T to ignore the rent increase completely.

As others have said there are other way rent can be increased eg

* mutual agreement (including T just paying the new rent)

* reliance by the LL on a rent review clause in the contract. Indeed if there is such a clause, a S13 would be invalid, but the OP said "in this situation it is required." so we must take the OP at his word.

Yes, that's correct. The T can ignore it, but he will just !!!!!! the L off and get a section 21 issued, so there isn't much point in ignoring it unless he wants to receive a section 21 notice.