I have an AST where the fixed term is due to end on 3rd May 2026. I have agreed a rent increase with the new tenants, effective from 4th May. Should I wait until 1st May to prepare a section 13 notice through OR or proceed with renewal via OR of an AST today/tomorrow ?
Section 13 requires 2 months notice from 1 may so you can’t serve on 1 may for an increase effective from 4 may.
Increase for after 1 may that was agreed before 1 may quite possibly won’t be valid/enforceable due to RRA. @David122 may be able to advise
@mod_emma or @mod_harry may be able to advise but maybe just start a brand new AT on 4 may at the higher rate?
Good luck
There are transitional arrangements for notices served before 1st May which take effect after 1st May.
For a rent increase to take effect on the 4th May, you would have needed to serve a Section 13 on 4th April, using form 4 giving one months notice under the current system. You can still do it now although the earliest you could raise the rent is 4th June with the months notice aligned with a full rental period 4th May - 3rd June.
If you serve the notice 1st May onwards you will need to use form 4A which will be under the new RRA which will require you to provide 2 months notice which aligns with two rental periods
4th May - 3rd July for increase to take effect on 4th July.
It is probably best to serve a Section 13 before 1st May because tenants will have more rights to challenge a rent increase.
Hope that helps
Good luck!
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I have just re-read your post and didn’t take into account you have already agreed with your tenant for a rent increase to take effect on 4th May. If this is the case and your tenant pays the new rent on 4th May it is binding you won’t need to serve a section 13.
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are you sure. I didnt realise informal increases agreed before 1st may could come into effect after 1st may, without Section 13
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My understanding is that
You cannot serve notice of a rent increase before 1st May, to take effect after 1st May using a rent review clause.
A rent increase by mutual agreement should be okay or am I missing something…
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My understanding is that only rent increases made before 1 may to take place after 1 may by s13 notices will be effective. Increases made informally or by rent review clauses would not.
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@David122 yes that sounds right if by ‘effective’ you mean legally enforceable.
However presumably an informal agreement mutually agreed will work in practice because, by virtual of being mutually agreed, it’s not going to be challenged by tenant or LL.
Or is there a risk of a fine under RRA as not the right way to effect a rent increase even tho agreed before RRA came into effect? Does RRA apply retrospectively to increases agreed (through whatever means) before 1 may?
Best
I am not sure a mutually agreed would be ok. Not only is it unenforceable, but I think there is a possible civil penalty for attempting to increase the rent other than through the prescribed means. Chances are no-one would care and I doubt the penalty would be applied in the first instance anyway, but its nevertheless a potential risk for a landlord.
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