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Section 21 notice
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millie_17 said:Thanks for all your replies. My friend has had some delays with purchasing a property, and so is still in situ at her rented flat. The landlord has (reluctantly) accepted it is taking longer than anticipated to move out (still doesn't know about the flawed S21 though). However he has advised he is increasing her rent. And although this sounds picky - she was only given 29 days notice, not a full month. Your advices would be appreciated, thanks.
- when was the new rent set to start?
- when & how was the notice served (eg post, email, hand delivered..?)
- what does the tenancy agreement say about rent increases (if anything)?
- Section 13 notice or just a letter stating the new rent?1 -
Hi, the rent increase was hand delivered on 3/6, with the date to start the increase on 1/7. It is a section 13 notice. The tenancy agreement says ''The Landlord can increase the Rent every twelve months on the anniversary of the date on which the Tenancy began (“the Rent Increase Date”). For the avoidance of doubt this means that the Rent may increase on 1st August each year. The increase is to be calculated according to the rise in the Retail Prices Index from the start of the Tenancy or the anniversary date whichever is the later. To avoid doubt if the Landlord does not increase the rent in any year this will not affect the Landlord’s rights to increase the Rent in subsequent years.'' So does that mean it can't be increased until 1/8/25 anyway, or is the landlord thinking they don't need to stick to the contract as he has served the S21 over 2 months ago? Also we think RPI has increased by 4.47% (according to google) since 1/8/24 (if that's the date we need to work to) and the increase he has told her is more than that. Thanks so much for your help as this is a minefield!0
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millie_17 said:Hi, the rent increase was hand delivered on 3/6, with the date to start the increase on 1/7. It is a section 13 notice. The tenancy agreement says ''The Landlord can increase the Rent every twelve months on the anniversary of the date on which the Tenancy began (“the Rent Increase Date”). For the avoidance of doubt this means that the Rent may increase on 1st August each year. The increase is to be calculated according to the rise in the Retail Prices Index from the start of the Tenancy or the anniversary date whichever is the later. To avoid doubt if the Landlord does not increase the rent in any year this will not affect the Landlord’s rights to increase the Rent in subsequent years.'' So does that mean it can't be increased until 1/8/25 anyway, or is the landlord thinking they don't need to stick to the contract as he has served the S21 over 2 months ago? Also we think RPI has increased by 4.47% (according to google) since 1/8/24 (if that's the date we need to work to) and the increase he has told her is more than that. Thanks so much for your help as this is a minefield!
- Rent increase can't apply until 1Aug25
- S21 doesn't change the contract, it just means that the LL can go to the court and the court could change things.
- RPI increase will be based on one more observation date for next month, but he's limited to that % increase, not just whatever he likes.3
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