Correct way to give notice of rent increase to Tenant

suestew

Hi, I am increasing tenants rent, using the Retail Price Index Rent Calculator, as this is stipulated in the tenancy agreement. After the original term it was thereafter a rolling month to month.

I have Form A (Landlords Notice proposing Rent under an APT) is this the correct form?

On this form I do not understand Part 3      The first rent increase date after 11th February 2003 is... I have read the notes but not sure what to put here?

Any help would be appreciated 

Bookworm105

Is a Form A a Scottish process? 

theartfullodger

Is this for England??

Form A appears to be an S13 notice...  but as an experienced landlord you will know that if the tenancy specifies rent increase system/formula  then s13 does not apply.  

Why did you write the tenancy that way??

There is no "correct way" to give notice.  Could be a chat over a pint down the pub or a simple TXT or email... IF (and only if) the tenant then starts paying the new amount then the increase is agreed, no further action required.

Tenant is perfectly entitled to ignore your suggested increase or, indeed, suggest a different, lower, increase or even a rent reduction.

How have your costs increased, please?? (I've been a landlord since 2000...)

What training in how to be a landlord or in landlord/tenant law have you done, please?? (There are more than 100 laws/regulations....)

Best regards

suestew

 theartfullodger said:

Is this for England??

Form A appears to be an S13 notice...  but as an experienced landlord you will know that if the tenancy specifies rent increase system/formula  then s13 does not apply.  

Why did you write the tenancy that way??

There is no "correct way" to give notice.  Could be a chat over a pint down the pub or a simple TXT or email... IF (and only if) the tenant then starts paying the new amount then the increase is agreed, no further action required.

Tenant is perfectly entitled to ignore your suggested increase or, indeed, suggest a different, lower, increase or even a rent reduction.

How have your costs increased, please?? (I've been a landlord since 2000...)

What training in how to be a landlord or in landlord/tenant law have you done, please?? (There are more than 100 laws/regulations....)

Best regards

Yes it is for England. 
I read on here about the Section 13 notice. It did state if  Your tenancy agreement has a rent review clause that still applies. In that case, your rent can only go up in line with that rent review clause. However, as set out above, if you moved onto a rolling tenancy by default after your fixed term expired, then the rent review clause will no longer apply – so the section 13 notice could be valid.

Somehow I ended up with this Form A -  My tenancy has been rolling since the fixed term expired, so if above is correct S13 notice could be valid?  

All my costs have increased, insurance, maintenance, GSE etc.  I am aware he can refuse :-) 

theartfullodger

Where is here please? Link.?

suestew

theartfullodger said:

Where is here please? Link.?

Rent increase rights (England) – MoneySavingExpert

The original tenancy was for 6 months, and it stated thereafter from month to month

Rent review clause
 10.2 Rent review It is agreed that the rent as defined in this Agreement will l be reviewed on the anniversary of this Tenancy and upon each subsequent anniversary in line with the change in the Retail Prices Index (RPI) for the previous 12 months and the rent varied accordingly either by way of an upward or downward adjustment.

Does the rent review clause still stand after the fixed term?

Bookworm105

please quote exact wording in your tenancy agreement covering what happens to the tenancy at the expiry of the fixed term.
It matters rather a lot what you said as to whether the review clause remains valid and how you serve notice of a rent increase.... ie whether a Section 13 is needed or not.
Rent review clauses in a private tenancy - Shelter England


BTW, the Govt calls it a "Form 4" but it comes out of section 13 of the Housing Act, hence most people call it
 a section 13 notice. I've never heard it called a Form A
Assured tenancy forms - GOV.UK


the "first date" tells the tenant exactly when the first rent increase will be sought.
Thereafter, as explained in the notes, further increases cannot be timed at less than 52 weeks minimum since that first date.
it basically means tenants who struggle to comprehend words are given a black and white date from which they can then work out the earliest date of the next increase ie the "annual" anniversary (52 weeks not calendar year)

suestew

Bookworm105 said:

please quote exact wording in your tenancy agreement covering what happens to the tenancy at the expiry of the fixed term.
It matters rather a lot what you said as to whether the review clause remains valid and how you serve notice of a rent increase.... ie whether a Section 13 is needed or not.
Rent review clauses in a private tenancy - Shelter England


BTW, the Govt calls it a "Form 4" but it comes out of section 13 of the Housing Act, hence most people call it
 a section 13 notice. I've never heard it called a Form A
Assured tenancy forms - GOV.UK


the "first date" tells the tenant exactly when the first rent increase will be sought.
Thereafter, as explained in the notes, further increases cannot be timed at less than 52 weeks minimum since that first date.
it basically means tenants who struggle to comprehend words are given a black and white date from which they can then work out the earliest date of the next increase ie the "annual" anniversary (52 weeks not calendar year)

Expiry Date: 25th day of September 2020 and thereafter from month to month
As advise above: Rent review clause
10.2 Rent review It is agreed that the rent as defined in this Agreement will l be reviewed on the anniversary of this Tenancy and upon each subsequent anniversary in line with the change in the Retail Prices Index (RPI) for the previous 12 months and the rent varied accordingly either by way of an upward or downward adjustment.

Thanks re names of forms.
 

Bookworm105

suestew said:

Expiry Date: 25th day of September 2020 and thereafter from month to month

 10.2 Rent review It is agreed that the rent as defined in this Agreement will l be reviewed on the anniversary of this Tenancy and upon each subsequent anniversary in line with the change in the Retail Prices Index (RPI) for the previous 12 months and the rent varied accordingly either by way of an upward or downward adjustment.

so it became a "periodic tenancy" and as per the Shelter link already given, the rent review clause is still applicable and so a formal S13 notice is not required since the contractual term remains in force regarding rent reviews 

suestew

Bookworm105 said:

suestew said:

Expiry Date: 25th day of September 2020 and thereafter from month to month

 10.2 Rent review It is agreed that the rent as defined in this Agreement will l be reviewed on the anniversary of this Tenancy and upon each subsequent anniversary in line with the change in the Retail Prices Index (RPI) for the previous 12 months and the rent varied accordingly either by way of an upward or downward adjustment.

so it became a "periodic tenancy" and as per the Shelter link already given, the rent review clause is still applicable and so a formal S13 notice is not required since the contractual term remains in force regarding rent reviews 

Excellent, thank you