Can I use section 13 to increase rent?

Hi,

In September 2021 a 12 month AST was signed.
This was renewed again for another 12 months in September 2022. In both there were rent clauses.

I did look to increase the rent in September 23 under a new fixed term; however the tenant asked for 6 month extension on not increasing the rent. I agreed and thus no fixed term was signed and the tenancy became periodic.

More than 6 months have elapsed and I looked to increase the rent under a new AST since March.
The tenant keeps asking for extensions and it’s too much now. He’s had ample notice.

I am now looking at different options. One of them is
a section 13 but unsure if it’s possible. As the tenancy only became periodic in September 23 and hasn’t been 52 weeks despite the tenant being there since 2021.

Would it mean if I was to serve section 13, I would have to wait until September 24?

Many thanks

Yes use section 13, no need for a new AST.

Depends.

Is your periodic a contractual or statutory periodic?

How does your rent review clause read?

The current contract started in September 2022 so you have done your 12 month wait ( unless your contract specified a rent increase during the AST)

If you have had enough then serve notice

If you are keeping him the serve a s13

Tenants are under the impression that only a new AST serves as an increase . This is a common misconception in the European community.

If you want to increase the rent, I believe you can do so using S13 as the fixed term elapsed some time ago. Otherwise, if the tenant is clear that they will refuse it, you have no choice but to either accept that or serve notice. From what you say, you’ve been patient and understanding. In your shoes, unless the tenant (assuming good tenant in all respects otherwise) can demonstrate that his/her financial circumstances prevent accepting an increase right now and that the situation is almost certainly temporary, I’d serve notice.

Sorry, but we need the exact wording of the rent review clause.

I believe you can serve form 4 proposing a rent increase. Download and fill the form on the gov website.

https://assets.publishing.service.gov.uk/media/5a8083aded915d74e622ee55/Form_4_-_Eng.docx

The short answer is of course you can, the better answer is join the RNLA and read all the info you need with downloadable forms. Also free advice line

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